Los Angeles Wrongful Death Lawyer

Each state has its own unique approach to wrongful death actions, and California is no exception. One issue that can differ wildly from one jurisdiction to another is the right to pursue a wrongful death lawsuit. In some places, only the legal representative of the decedent’s estate—the personal representative—has the right to bring a claim.

That is not the case in Los Angeles. Instead, state law sets out a hierarchy of family members who could potentially pursue a lawsuit based on the death of their loved one. Top priority goes to the surviving spouse, domestic partner, or children of the deceased. The children of any deceased child can also file a claim.  

The second priority group can move forward with a claim if there is no one from the first group able or willing to do so. This tier is made of family members with the right to inherit from the decedent. This typically expands the pool to parents and siblings.

If none of these parties exist, the right falls to individuals who depended on the decedent financially at the time of their passing. This might include stepchildren, a putative spouse who wrongfully believed they were married to the deceased person, or their children.

Our attorneys in Los Angeles could a person understand their right to file a wrongful death claim after losing a loved one.

Loss of life caused by someone else’s negligent actions is one of the most traumatic cases in our court systems. Despite the losses families endure, there is a limited amount of time to file a compensation claim. A statute of limitations is the amount of time an individual has to legally file a claim before it becomes invalid. 

Family members usually have two years from the date of the victim’s death to file a wrongful death claim. However, there are certain exceptions. If a death was caused by medical malpractice, the statute of limitations is either one year from the date of discovery of medical malpractice or three years from the date of the death, whichever happens first. When a government entity is responsible for a victim’s death, families have six months from the date of the death to bring a wrongful death claim. 

A special exclusion exists for minors who have lost a parent. State law allows them to file the action within two years of turning 18. Regardless of the child’s age when the incident occurred, they have until age 20 to take legal action. 

The complexities of varying wrongful death statutes of limitations can complicate a successful claim. Our experienced wrongful death attorney in Los Angeles can help victims ensure they accurately file all forms before the statute of limitations runs out.

If you lost a loved one due to someone else’s negligence, you may have the right to pursue a wrongful death action. These cases can be complicated, especially during the grieving process. You can give yourself the best chance of success by relying on our Los Angeles wrongful death lawyer. Reach out today for a confidential consultation.

While legal representation is not required to file a wrongful death claim in Los Angeles, an experienced attorney provides several services that can improve the outcome of the case. Services provided by a skilled wrongful death lawyer may include the following:

• Investigation to identify liable parties
• Gathering evidence to support the claim
• Accurate filing of forms within the required timelines
• Provides legal guidance regarding proceedings, negotiations, and court trials
• Handles negotiations with attorneys, businesses, and insurance companies
• Acts as an advocate for the plaintiff’s rights throughout the legal process

An experienced Los Angeles wrongful death attorney has the resources and time to support a grieving family’s unique needs and get them the compensation they are entitled to under state law.