Los Angeles Wrongful Death Lawyers

The California wrongful death law allows families to recover damages when a loved one has died due to wrongful act, or negligence, of another person or entity. Some wrongful death claims involve intentional or willful acts, while others result from negligent actions.

Generally, under California law, a child, parent, spouse, or personal representative of the estate of the victim is authorized to file a wrongful death claim via a civil lawsuit. Sometimes the deceased person dies without children, a spouse, or surviving parents. In this scenario, it may be possible for a sibling or another relative to bring the claim if they are the personal representative of the victim’s estate.

The law regarding who can file a wrongful death claim is governed by the California Code of Civil Procedure Sec. 337.60. California law recognizes the following individuals as having the standing to file a wrongful death claim:

• Surviving Spouse
• Domestic Partners
• Putative Spouse (someone who had a good faith belief they were married to the deceased person)
• Children
• Grandchildren (if the deceased person’s children are also deceased)
• Stepchildren (who were financially dependent on the deceased person)
• Anyone else who would be entitled to the deceased person’s property by intestate succession (intestate succession occurs when the victim dies without a valid will)

Because circumstances vary case-by-case, it is best to seek legal representation. Our team at MKP Law Group, LLP can help you determine whether your situation qualifies you or your family to bring a wrongful death claim.

There is a time-limit, also known as a statute of limitations, to file a wrongful death lawsuit in California. Wrongful death lawsuits must be filed within two (2) years from the date of the victim’s death.

Some situations can extend the general statute of limitations, but those situations are rare. Not filing a lawsuit within the statute of limitations, can lose you and your family the right to recover monetary damages forever. One exception to the 2-year statute of limitations for wrongful death claims is for deaths caused by medical malpractice. In the case of a wrongful death caused by medical malpractice, there is a one (1) year statute of limitations to file a lawsuit.

Because there is a time limit on filing wrongful death claims, it is imperative you seek legal advice from a California wrongful death lawyer as soon as possible. Often the at-fault party will go to great lengths to hide or destroy evidence of wrongdoing. Hiring a law firm like MKP Law Group, LLP that has the experience, resources, and dedication to handle your wrongful death claim from start to finish makes all the difference in obtaining maximum compensation for your losses.

Following the untimely death of a loved one, the last thing you want to do is deal with insurance companies, police investigators, and medical bills. Unfortunately, these issues persist after a wrongful death regardless of whether you have had enough time to grieve the loss of a loved one.

An experienced law firm can handle these issues on your behalf, but there are several things to consider when first opening a wrongful death claim:

1. Obtain the police report or investigative findings.
2. Request medical records & bills.
3. Work with an experienced law firm to file the lawsuit within 2 years of the victims death.

While no amount of money can heal the emotional wounds and grief caused by the unexpected death of a loved one, the most common losses in California’s wrongful death claims are monetary. These damages fall into two primary categories.

Damages that compensate the victim’s estate are losses stemming directly from the individual’s death. The main types of damages available to the victim’s estate in wrongful death claims might include:

• Medical Bills
• Loss of Loved One’s Financial Support
• Burial Costs
• Funeral Costs
• Physical Pain & Suffering Experienced by the Victim Prior to Death

Damages that compensate the surviving heirs are losses suffered by the surviving family as a result of the wrongful death. The possible types of damages suffered by the victim’s surviving family can include the following:

• Loss of Inheritance
• Loss of Love, Support, and Companionship
• Loss of Household Services

If you have lost a loved one because of another person or entity’s wrongful acts, you may be able to file a wrongful death lawsuit to recover the damages listed above. The attorneys at MKP Law Group, LLP provide 100% free consultations to review the circumstances surrounding a loved one’s death and discuss whether filing a lawsuit is appropriate.

Proving negligence in a California wrongful death claim is complex, but similar to proving fault in any claim based on negligence. To prevail, you must show that the at-fault party (or “defendant”) was:

1. Negligent, meaning they acted wrongfully or unsafely;
2. The at-fault party’s negligence caused the victim’s death (breach of the duty of care); and
3. The victim had surviving relatives who suffered financial harm as a result of the victim’s death.

Wrongful death claims aim to ensure that the victim’s surviving family members receive compensation for the financial losses experienced due to the victim’s untimely death.

When an individual or entity breaches a duty of care owed to the victim, for example, failing to drive safely and at a reasonable speed, and it results in someone’s death, California law allows for the victim’s family to bring a wrongful death claim. The victim’s surviving family member(s) (or “plaintiffs”) must show evidence that it was more likely than not that the victim died as a result of the wrongful or negligent act of another individual or entity. This standard, or burden of proof, is lower than the standard used in criminal cases, which requires proof beyond a reasonable doubt.

Insurance companies only see dollars and cents, regardless of the tragic circumstances surrounding a loved one’s untimely death. Because they see your loved one only as another claim number amongst thousands of claim numbers, the insurance company or companies will try and settle the wrongful death claim for the least amount of money possible. That is why it is crucial to hire an experienced Los Angeles wrongful death lawyer to represent your interests and fight the insurance companies on your behalf.

Wrongful death claims and survival claims each can win different types of damages.

Wrongful death claims allow the estate of the deceased to win damages on behalf of the beneficiaries of the deceased. It is a claim for the losses suffered by the surviving family members.

Survival claims award damages to the estate that the deceased could have claimed if he or she had recovered. So, a survival claim is for the pain and suffering sustained by the victim before dying.

Under the California Code of Civil Procedure 377.30, the survival law intends to compensate the victim for the damages sustained after the wrongful act and until their death.

The wrongful death claim is brought on by and for the surviving family members to recover their own losses. In contrast, the victim’s estate brings a survival action on behalf of the victim for his or her personal injuries, damages, or losses before death.

Survival actions are appropriate when the victim did not die instantly after the wrongful act.

If there was any gap between the wrongful act and the victim’s death, then a survival action can be brought on behalf of the victim. To bring a survival action, a family member of the victim must be appointed by the court as a personal representative of the victim’s estate. Generally, surviving heirs are not entitled to an award of punitive damages in wrongful death claims, subject to minor exceptions such as if the victim was killed as a result of elder abuse or felony homicide.