Los Angeles Wrongful Death Attorney

A wrongful death claim is a civil lawsuit filed by surviving family members when another party’s negligence or intentional act causes someone’s death. In California, these claims are governed by Code of Civil Procedure §377.60, which allows eligible survivors to recover compensation for the financial and emotional losses they suffered as a direct result of the death. Unlike a criminal prosecution, a wrongful death claim requires only the civil standard of proof — a preponderance of the evidence — so a criminal conviction is not required for us to hold the responsible party accountable.

Under California CCP §377.60, the right to file a wrongful death lawsuit is limited to the deceased’s surviving spouse or domestic partner, children, and — if none exist — anyone entitled to the deceased’s property under California intestate succession laws. In some cases, putative spouses and financially dependent stepchildren may also have standing to file. When multiple eligible survivors exist, they typically join together in a single lawsuit, and we coordinate all claims on the family’s behalf.

California law gives surviving family members two years from the date of death to file a wrongful death lawsuit under CCP §335.1. Missing that deadline almost always means losing your right to compensation permanently. Critical exceptions apply: if the defendant is a government agency — such as the City of Los Angeles, LADOT, Caltrans, or LA Metro — you must file a government tort claim within just six months of the date of death before any lawsuit is permitted.

Surviving family members can recover both economic and non-economic damages. Economic damages include the financial support the deceased would have provided over their lifetime, lost gifts and benefits, and funeral and burial expenses. Non-economic damages cover the loss of companionship, comfort, moral support, training, and guidance the deceased provided to each surviving family member. California law does not allow survivors to recover for their own grief or emotional distress in a wrongful death claim — those losses are addressed separately through a survival action filed on behalf of the estate.

A wrongful death claim is filed by and for surviving family members to compensate them for their own losses — lost financial support, companionship, and guidance. A survival action under CCP §377.30 is filed on behalf of the deceased’s estate and recovers the damages the decedent could have claimed had they survived, including conscious pain and suffering experienced before death and lost earnings from the time of injury to the time of death. We typically file both claims simultaneously in California to maximize the total recovery available to our clients and the estate.

We must establish four elements: the defendant owed a duty of care to the deceased, they breached that duty through negligent or intentional conduct, that breach directly caused the death, and the surviving family members suffered documented damages as a result. We build wrongful death cases using accident reconstruction specialists, medical examiners, toxicology reports, eyewitness testimony, and traffic camera footage from intersections and freeways across the Los Angeles area. The evidence preserved in the days immediately following the death is often the most critical, which is why we recommend contacting us as soon as possible.

Yes. California follows pure comparative fault, established in Li v. Yellow Cab Co. (1975), which means your family can recover compensation even if the deceased shared some responsibility for the accident. The total damages award is simply reduced by the percentage of fault attributed to the deceased — for example, if a jury finds your loved one 30% at fault and awards $2,000,000, your family would recover $1,400,000. Insurance companies routinely attempt to inflate the deceased’s fault percentage to reduce their payout, which is exactly why experienced legal representation from the outset matters.

Most wrongful death cases in Los Angeles resolve within 12 to 36 months, depending on the complexity of the liability issues, the number of defendants, and whether the case settles or proceeds to trial. Cases filed in Los Angeles Superior Court at 111 N. Hill Street face a substantial docket, which can extend timelines compared to smaller counties. Cases with clear, documented liability tend to settle faster; cases involving disputed fault, government entities, or catastrophic damages calculations are more likely to require trial preparation before the defense makes a reasonable offer.

We handle all wrongful death cases on a contingency fee basis, which means your family pays nothing upfront and owes us nothing unless we recover compensation for you. Our fee is a percentage of the total recovery — typically 33% if the case resolves before trial and up to 40% if it proceeds to a jury verdict. All case costs, including expert witness fees, filing fees, and deposition expenses, are advanced by our firm and reimbursed only from the settlement or verdict. There is no financial risk to your family in pursuing a claim.

Preserve everything you can: obtain the official death certificate, secure all accident or police reports, and request copies of medical and autopsy records. Do not give a recorded statement to any insurance company or sign any documents until you have spoken with an attorney. Contact our firm as soon as possible so we can dispatch an investigator to preserve physical evidence, obtain surveillance footage from nearby cameras, and interview witnesses before memories fade or evidence is destroyed. Early action is one of the most significant factors in achieving a strong outcome.

Yes, but government entity claims operate under strict additional requirements. Under California Government Code §911.2, if a government agency — such as the City of Los Angeles, LA Metro, LADOT, or Caltrans — contributed to the death through dangerous road conditions, a defective traffic signal, or a negligent employee, your family must file an administrative government tort claim within six months of the date of death. Missing that window typically bars the lawsuit entirely. We handle government wrongful death cases routinely, including those arising from dangerous intersections and freeway conditions throughout Los Angeles County.

If the responsible driver lacked adequate insurance, we look first to your loved one’s own auto insurance policy for uninsured or underinsured motorist (UM/UIM) coverage, which California law requires insurers to offer. Beyond that, we conduct a thorough investigation to identify every party who may share liability — a negligent employer if the driver was working at the time, a government entity responsible for a dangerous road condition, a vehicle manufacturer if a defect contributed, or an alcohol-serving establishment under California’s limited dram shop liability provisions. Our goal is to exhaust every avenue of recovery.

No. In California, the wrongful death cause of action under CCP §377.60 belongs directly to the eligible surviving family members — not to the deceased’s estate — so probate is not required to file that claim. A survival action under CCP §377.30, which recovers losses the decedent suffered before death, does require a personal representative or successor in interest to act on behalf of the estate. We handle both claim types together and guide families through the procedural requirements for each without burdening them with unnecessary legal complexity.

Insurance adjusters are trained to contact surviving family members quickly, often within days of the death, to obtain recorded statements and offer fast settlements that significantly undervalue the claim. Anything you say to an adjuster can be used to reduce or deny your family’s recovery. We strongly advise against any direct communication with the at-fault party’s insurer before speaking with our firm. Once retained, we handle all insurance communications on your behalf, and our established litigation record gives us significant leverage in negotiations — we are prepared to take every case to trial when insurers refuse to offer fair compensation.

Our free consultation is a confidential, no-obligation meeting with an attorney — not a staff member — during which we review the facts of your loved one’s death, evaluate the strength of a claim, identify the responsible parties, and give you a candid assessment of potential compensation. You should bring whatever documentation you have available: the death certificate, any accident or police reports, medical records or hospital records, insurance policy documents, and any photographs or video from the scene. Many families have nothing at the time of the first call, and that is perfectly fine — our team helps gather what is needed.