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.

The unexpected passing of a close family member can be difficult to deal with under any circumstances. It is especially challenging in situations where the death occurred due to another person’s negligence. Having the support of our wrongful death lawyers in Los Angeles can be invaluable in these circumstances for a variety of reasons.

First and foremost, an attorney could carry the burden of building a winning claim for negligence. This frees up the family to focus on their grief and leave the complexities of the litigation process to an attorney.

Lawyers could also improve the chances of success by carefully investigating how the fatal accident happened. From vehicle collisions to defective products, there are countless situations where a person or entity could be at fault for a wrongful death.

One of the most important parts of a wrongful death case involves settlement negotiations. Most of the time, these cases do not go to trial, but securing a reasonable settlement offer is not easy.