Los Angeles County Wrongful Death Attorney
When an accident or other wrongful act causes a death, the legal case is not simply the injured person’s personal injury claim continued by the family. California wrongful death law creates a separate cause of action for specified survivors to recover their own legally recognized losses resulting from the death.
Safeguard Firm represents families in Los Angeles County wrongful death matters arising from fatal vehicle collisions, truck crashes, motorcycle and pedestrian accidents, dangerous property conditions, and other negligent conduct. The firm investigates liability, identifies eligible claimants, evaluates insurance and defendants, preserves evidence, and develops the economic and noneconomic losses caused by the death.
A related survival action may also exist on behalf of the decedent’s estate or successor in interest. Wrongful death and survival claims serve different purposes, involve different damages, and should be analyzed separately.
Free Consultation
If your family lost a loved one because of another party’s wrongful conduct in Los Angeles County, contact Safeguard Firm at 310-882-6575 or JR@Safeguardfirm.com to discuss the potential claim.
Who May Bring a California Wrongful Death Claim
California Code of Civil Procedure section 377.60 identifies categories of persons who may bring a wrongful death action. The statute includes the decedent’s surviving spouse, domestic partner, children, and issue of deceased children, and provides additional rules for other persons in specified circumstances.
Family structure matters. Questions can arise involving stepchildren, putative spouses, minors, financially dependent relatives, or multiple heirs. Eligibility should be determined from the statute and facts rather than assumed based solely on closeness to the decedent.
California generally treats a wrongful death action as a single joint action in which all known heirs should be addressed. Failing to identify potential claimants early can create procedural complications.
Wrongful Death Versus Survival Claims
Wrongful death compensates eligible survivors for losses they personally suffer because of the death. A survival action, by contrast, generally preserves certain claims that belonged to the decedent before death and is brought by the personal representative or successor in interest under California’s survival statutes.
The two claims may be litigated together but should not be confused. The available damages, required standing, and proof can differ.
In an accident where a person survived for a period before death, medical expenses, lost earnings before death, or other estate-related claims may require separate analysis from the family’s wrongful death damages.
Insurance and Policy-Limit Issues
A fatality can exceed ordinary personal auto limits quickly. Identifying excess coverage, commercial policies, employer insurance, vehicle-owner coverage, UM/UIM benefits, or additional liable defendants can therefore be critical.
When multiple people were injured in the same event, per-person and per-accident limits may create competing claims. Early policy disclosure and coordinated strategy can matter.
A policy-limit demand should be supported by sufficient liability and damages evidence to allow a carrier to evaluate the exposure intelligently.
Investigating the Fatal Incident
Liability evidence should be preserved just as aggressively as in a serious injury claim. Depending on the incident, this may include collision reports, autopsy or coroner records, photographs, video, witness testimony, vehicle data, commercial records, maintenance evidence, surveillance, incident reports, and expert reconstruction.
Fatal accidents often lead to more detailed law-enforcement investigations, but civil counsel may still need additional evidence that was not necessary for criminal or traffic purposes.
Where a truck, commercial business, employer, property owner, rideshare company, or public entity is involved, additional defendants and insurance policies may exist.
Damages in a Wrongful Death Case
Recoverable wrongful death damages can include financial support the decedent would have contributed, loss of gifts or benefits, funeral and burial expenses, and the value of household services, depending on the evidence.
California also recognizes noneconomic losses such as the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support, as well as loss of training and guidance for children where applicable.
A family relationship cannot be reduced to a formula. Evidence may include testimony from relatives and friends, photographs, videos, communications, household routines, financial records, employment history, tax documents, and evidence showing the decedent’s role within the family.
Special Issues When Government Is Involved
A fatal crash involving a public vehicle, dangerous public roadway condition, public property, or government employee may trigger the Government Claims Act. Government Code section 911.2 generally requires a claim relating to death to be presented within six months after accrual.
Public-entity cases also involve statutory immunities and specialized liability requirements. Families should not assume the ordinary two-year lawsuit deadline is the first deadline that matters.
Los Angeles County Wrongful Death Litigation and Timing
Code of Civil Procedure section 335.1 generally provides two years for an action for death caused by another person’s wrongful act or neglect, subject to exceptions. Other claims associated with the death may have different deadlines.
If litigation is required, a Los Angeles County wrongful death action may involve written discovery, depositions of witnesses and family members, expert testimony, economic analysis, mediation, and trial preparation. The Los Angeles Superior Court civil division provides local court information. Sensitivity to the family should coexist with thorough preparation of the case.
Why Choose Safeguard Firm
Safeguard Firm approaches personal injury claims by developing the liability, insurance, and damages evidence together. The firm communicates directly with carriers, organizes the proof necessary to evaluate the claim, and prepares matters for litigation when negotiation does not produce a fair resolution.
The firm does not rely on unsupported claims about a particular number of prior cases, guaranteed outcomes, or invented case results. The emphasis is on careful investigation, client communication, California-law analysis, and presenting each client’s actual losses with credible supporting evidence.
Safeguard Firm’s Los Angeles office is located at 6404 Wilshire Blvd., Suite 860, Los Angeles, CA 90048. Prospective clients may call 310-882-6575 or contact the firm online.
Frequently Asked Questions
Code of Civil Procedure section 377.60 defines the eligible categories. Spouses, domestic partners, children and certain other persons may qualify depending on the family structure and statutory requirements.
No. Wrongful death belongs to eligible survivors for their losses; a survival claim preserves certain causes of action that belonged to the decedent.
California wrongful death damages include specified noneconomic relationship losses. The exact measure is governed by California law and jury instructions rather than a simple dollar formula for grief.
Other policies or defendants may exist, including employer, commercial, vehicle-owner, excess or UM/UIM coverage depending on the facts.
Prompt action protects evidence and is especially important if a public entity may be involved because government claim deadlines can be as short as six months.
Family testimony, financial records, household-service evidence, photographs, videos, communications and evidence of the decedent’s role in the family can all be relevant.
Related Los Angeles County Legal Services
Related representation for serious injury and negligence claims throughout Los Angeles County.
Related information for families dealing with fatal motor-vehicle collision claims.
Related representation for Los Angeles County car accident and insurance claims.
Related representation for fatal and serious commercial truck collision claims in Los Angeles County.
Contact Safeguard Firm
If you or a family member has been affected by this type of incident in Los Angeles County, contact Safeguard Firm to discuss the facts, potential defendants, insurance coverage, evidence, and applicable deadlines. Call 310-882-6575, email JR@Safeguardfirm.com, or request a free consultation online.