- Available 24 hours a day, 7 days a week
- - SE HABLA ESPAÑOL
- Available 24 hours a day, 7 days a week
- - SE HABLA ESPAÑOL
Losing a family member due to someone else’s negligence leaves families facing grief and difficult legal decisions. A wrongful death occurs when a person dies because of another party’s wrongful act or negligence. Under California law, surviving family members may file a wrongful death claim to seek compensation and hold the responsible party accountable.
Mercer Legal Group represents families throughout Los Angeles, Woodland Hills, Pasadena, and greater Los Angeles County in wrongful death cases. Our legal team handles cases involving fatal accidents, medical malpractice, and workplace incidents where negligence caused a loved one’s death.
A wrongful death claim is a civil lawsuit that allows surviving family members to recover compensation when someone dies due to another’s negligence or wrongful act. Unlike a criminal case heard in criminal court, a civil wrongful death lawsuit filed in civil court seeks financial recovery rather than criminal charges against the defendant.
Under California Code of Civil Procedure § 377.60, a wrongful death lawsuit requires proving the defendant owed a duty of care, breached that duty, and the breach directly caused fatal injuries. California wrongful death laws also permit a separate survival action, which allows the deceased person’s estate to recover damages sustained before death, including medical expenses and lost wages. Both claims can arise from the same death.
California law defines who has legal standing to file wrongful death lawsuits:
The deceased person’s surviving spouse or domestic partner holds primary standing. A domestic partner registered under California law has the same rights as a legally married surviving spouse to pursue legal action. The deceased person’s children—including stepchildren who were financially dependent—also have standing to file a wrongful death claim.
If there is no surviving spouse, domestic partner, or children, the deceased person’s parents may file. In certain cases, anyone entitled to property through intestate succession or legal guardians of minor children may pursue a wrongful death suit. When multiple claimants exist, close family members may join together in a single civil lawsuit. A personal representative can bring a survival action on behalf of the deceased’s estate.
Motor vehicle collisions remain among the most common causes of wrongful death in Los Angeles and throughout Los Angeles County. When a negligent driver causes a fatal accident, families can file a wrongful death lawsuit against the at-fault party. Car accidents involving trucks, motorcycles, and pedestrians frequently result in wrongful death claims in the Los Angeles area.
Medical malpractice occurs when medical professionals deviate from accepted standards, resulting in fatal injuries from misdiagnosis, surgical errors, or medication mistakes. These wrongful death cases often involve hospitals and medical facilities across Los Angeles.
Fatal workplace accidents may give rise to wrongful death cases against third parties when defective equipment or contractor negligence causes death. Families can seek justice and compensation beyond workers’ compensation benefits.
Property owners in Los Angeles may face wrongful death litigation when hazardous conditions cause accidental death.
Families who file a wrongful death claim in California may recover both economic and non-economic damages through the legal system.
Economic damages include loss of financial support the deceased would have provided, lost income, funeral and burial expenses, and medical bills incurred before death.
Non-economic damages cover loss of companionship, love and affection, emotional suffering, and loss of guidance. California allows recovery for these non-economic losses even though they cannot be precisely calculated.
In cases involving reckless behavior or intentional misconduct, courts may award punitive damages when clear evidence shows the defendant acted with oppression, fraud, or malice.
employment
Personal Injury
California imposes a two-year statute of limitations for wrongful death lawsuits under Code of Civil Procedure § 335.1. Families generally have two years from the date of death to file a wrongful death claim. Claims against a government entity require filing an administrative claim within six months. Missing these deadlines typically bars financial recovery.
Insurance companies employ investigators and defense attorneys to minimize payouts. A personal injury lawyer knows how to investigate circumstances, gather evidence including witness statements, medical records, and police reports, and prove wrongful death occurred due to negligence.
Wrongful death litigation often requires expert testimony on causation, life expectancy, and economic losses. Attorneys experienced in these cases can present these elements effectively before a jury or negotiate a fair settlement with insurance companies. Complex wrongful death cases require skilled legal guidance to recover the compensation families deserve.
We gather police reports, medical records, witness statements, and documentation to establish liability.
We analyze California laws applicable to your case and develop an approach to seek compensation and seek justice for your family.
Our law firm handles communications with insurance companies and opposing counsel on your behalf.
When fair settlement fails, our wrongful death attorney presents your case before a jury in Los Angeles.
Our law firm handles unlawful death cases with thorough investigation and attention to each family’s circumstances. Our attorneys identify all responsible parties, gather critical evidence, and build cases to prove Negligent death.
We work to recover compensation reflecting the true impact of your loss—the financial burden of funeral expenses and lost income, plus the emotional toll families endure. If the responsible party refuses fair compensation, our legal team pursues legal action through trial in Los Angeles County courts.
Step 1: Contact our Los Angeles office to discuss your family member’s death and the circumstances involved.
Step 2: Our lawyers reviews the facts and explains whether you have grounds for a Negligent death lawsuit.
Step 3: We file your civil wrongful death lawsuit within California’s statute of limitations, identifying the responsible party and damages sought.
Step 4: We negotiate with defendants and insurance companies. If they refuse fair compensation, we proceed to trial in court.
If your family suffered a wrongful death due to negligence, time is limited under California’s statute of limitations. Contact Mercer Legal Group to speak with a personal injury lawyer who handles wrongful death claims throughout Los Angeles, Woodland Hills, Pasadena, and Los Angeles County.
Attorneys wrongful death specialize in situations of carelessness, recklessness, or deliberate killing. They assist surviving family members in pursuing financial, emotional, and other damages.
To find the best wrongful death lawyer in your area, start by contacting your local bar association. Review client testimonials on law firm websites and seek recommendations from trusted sources. Additionally, schedule free consultations to assess each lawyer’s experience, success rate, and communication style.
Depending on the state, spouses, children, and parents of the dead can file. Extended family or estate representatives may also sue.
Funeral costs, medical expenditures, loss of income, loss of companionship, pain and suffering, and punitive damages may be recoverable.
When filing a wrongful death lawsuit, court attendance is not always necessary. Wrongful death claims are often negotiated. If a fair settlement is not reached, a wrongful death lawyer will fight for your compensation in court.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult a qualified wrongful termination lawyer in Los Angeles, California, for advice specific to your situation.
