Have you lost a loved one because of an accident or intentional harm? Our Century City wrongful death lawyers can help.
At LA Century Law, we are wrongful death lawyers in Century City. If you have lost a loved one because of the actions of someone else, you may be entitled to financial compensation. Even if what happened was an accident, another party may be legally responsible.
In California, a surviving member or their legal representative may bring a claim when a loved one dies as the result of the wrongful act or negligence of another individual or entity.
The death of a loved one usually creates financial difficulty, in addition to the emotional anguish an individual experiences. Such costs include, but are not limited to, medical bills and funeral costs. This should not be a burden to a person mourning. Our lawyers will focus on obtaining justice for you for what was taken – a loved one’s life.
The purpose of a wrongful death action is compensation for your losses. You are entitled to compensation for what was taken from you – the life of a loved one. Although this will not bring your loved one back, it is a form of justice. It is important to make a claim and contact the proper legal counsel as soon as possible. Our experienced trial lawyers will act without delay to investigate the incident.
Wrongful Death Lawyers in Century City
Our Century City wrongful death lawyers represent families in taking legal action after the loss of a loved one. Our team can assist with the following:
- Determine if another party is legally responsible
- Build the evidence
- Create and file your legal documents
- Negotiate your settlement
- Speak for you in court
- Make a legal strategy for your case
- Ensure you understand the process
- Work to make the legal process as efficient and simple as possible
If a loved one has died, we invite you to connect with our legal team. Contact us today for your consultation.
Do I Have a Valid Wrongful Death Claim?
The general basis for a wrongful death claim is that the death occurs because of the legal fault of another person or entity. The cause of death does not need to be intentional – it is enough that a person or party is legally at fault for an accident. Negligence, or a lack of reasonable care under the circumstances, is enough for a valid wrongful death claim.
Circumstances for a wrongful death claim include:
- Car accidents – Driving is an inherently dangerous activity. When a driver breaks a traffic law and an accident happens, that may be enough for a wrongful death claim. Even without a specific traffic law, careless driving, speeding, following too closely and driving too fast for conditions may all form the basis of a car accident wrongful death claim.
- Slip and falls – When dangerous property conditions result in a fall, the party in control of the property at the time of the accident may be responsible for wrongful death. There are many types of dangerous conditions including a substance on the floor, items in the walkway, uneven surfaces and even overcrowding.
- Amusement parks and recreation – A death that occurs during sports, recreation or amusement may qualify for a wrongful death claim. Our lawyers can assist in investigating and evaluating what occurred.
- Product defects – When a product malfunctions, or when it is simply poorly designed, it may cause a fatal injury. That is inherently unfair to consumers who depend on the things they purchase and use to be safe. A wrongful death claim may be filed against the responsible party or parties. Pharmaceutical claims may fall in the category of defective products.
- Medical negligence – Medical malpractice may take several forms including incompetence and inattention. When medical care fails to meet reasonable standards for a trained professional, and a death occurs, it is a wrongful death.
- Elder care abuse and neglect – Seniors are especially vulnerable. When they fail to receive the care that they need, or when their caregivers are abusive, wrongful death may be the result.
- Intentional acts – Assault and battery, manslaughter and homicide may be the basis of a claim. The family may bring the claim regardless of the status of criminal charges or a conviction.
Wrongful Death Claim FAQs
What wrongful death laws apply in Century City?
California wrongful death laws apply in Century City. The California Code of Civil Procedure § 377.60 states a cause of action based on wrongful death.
Civ. Proc. Code §377.60 also outlines the surviving members or their legal representatives entitled to make a claim. This list includes:
1. The decedent’s surviving spouse;
2. Domestic partner; or
3. Children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
How long do you have to file a wrongful death lawsuit in California?
You, subject to certain exceptions or limitations, have two years to file a wrongful death lawsuit in California. The timeline begins from the date of death.
Civ. Proc. Code § 340.5 states that a lawsuit against a health care provider/professionals’ negligence that resulted in death must be brought “three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.”
Furthermore, in certain situations where the parent(s) of a loved one that passed would be entitled to bring an action on the deceased’s behalf, and the parent(s) are also deceased, then the legal guardians of the decedent (if any), may bring an action as if they were the decedent’s parents. (Civ. Proc. Code §377.60). The legal guardians would “step in the shoes” of the deceased parents in this situation.
California requires that claimants be joined in a single action or lawsuit. This rule has been called the “One Action Rule”. This means that all matters must be brought together and that the claimants cannot be more than one lawsuit against the negligent party. California has enacted this rule for judicial efficiency and to avoid the responsible party from defending multiple actions.
What compensation can you receive for a wrongful death claim in California?
Compensation available for a wrongful death claim in California depends on the losses that apply in that case. Surviving family members may claim:
ECONOMIC DAMAGES
- Unearned income; financial support that the victim would have provided
- Value of benefits the victim would have earned, like insurance
- Gifts the victim would have given the family
- Funeral costs
- Outstanding medical bills
- Cost of household services
NON-ECONOMIC DAMAGES
- Companionship and society
- Loss of sexual relations
- Support, training and guidance
- Love and relationship
- Pain and suffering of the victim
Compensation for a wrongful death claim should reflect the loss of the family member to the survivors. Some of the impact is financial – the family may have relied on the person for income, or they relied on them for household care. Other losses are emotionally devastating. The loss of a loved one is the loss of love, joy and a cherished family member. Compensation may reflect the many ways that the family suffers from losing their loved one.
Who can bring a wrongful death action in California?
Persons who can bring a wrongful death action in California include:
- Spouse
- Domestic partner
- Children (grandchildren, if no children)
- If no descendants, anyone qualified under intestate succession laws, including parents or siblings
Others may qualify if they depended on the victim financially:
- Putative spouse (Good faith but mistaken belief of a valid marriage)
- Children of a putative spouse
- Step-children
- Parents
- Legal guardians if parents are deceased
What are the elements of a wrongful death claim?
Elements of a wrongful death claim are:
- The defendant acted negligently, recklessly or committed an assault
- As a result, the victim suffered fatal injuries
- Surviving family has standing to bring a claim
- The victim and surviving family have recoverable damages
Surviving family members must detail the damages that they deserve. Our lawyers assist with identifying damages and amount of appropriate compensation.
Is there a cap on wrongful death in California?
There is no cap on wrongful death compensation in California. Compensation is based on the actual qualifying damages of the victim and their families. The plaintiffs may claim the full amount of their economic and non-economic harm. The one exception is medical malpractice – there is a cap on non-economic damages in California.
Century City Wrongful Death Lawyers Taking New Cases
The LA Century Law firm is currently taking new wrongful death claims in Century City. Our firm highlights include:
- A premier personal injury law firm focusing on helping victims and their families
- Trial experience – we’re confident in the courtroom and under pressure
- Millions recovered for our clients in settlements and trial verdicts
- Commitment to thorough, professional representation so that you receive compensation for injuries, damages and harms
- A 99% success rate – we are proud of our success. It reflects our commitment to you
- Our founder and President, Ryan J. Daneshrad, Esq. is admitted to the State of California and U.S. District Court for the Southern District of California
- Recognition from experts like Super Lawyers “Southern California Rising Star,” Los Angeles Magazine “Southern California Top Young Lawyer,” and the American Academy of Attorneys “Top 40 Under 40,” and more
- No win, no fee. Our clients receive a 100% risk-free guarantee, or you don’t pay for our services
If you have lost a loved one, you may be wondering where to turn. Our law firm can give you answers, and the aggressive representation you need to receive justice. Contact us today for your free consultation.
