Losing a loved one is always a difficult experience, particularly when their death was sudden and unexpected. If your loved one died as a result of someone else’s actions, your feelings of grief and anger may be even more overwhelming.
At Dordick Law Corporation, we’ve been helping families seek compensation for the loss of their loved ones for more than 30 years. Over that time, we’ve secured millions for our clients by holding wrongdoers financially liable for the harm and grief they’ve caused. Contact our firm for a free consultation with an experienced Los Angeles wrongful death lawyer and to learn more about how we can help you seek the compensation you need.
What Is Wrongful Death?
A wrongful death occurs when a party’s actions lead to the death of another person. These actions may be negligent, such as when a distracted driver strikes a pedestrian. Or they can be intentional, such as an assailant physically assaulting someone.
Wrongful death lawsuits are legal actions taken by the surviving family members of the deceased to recover compensation for their losses connected to the death. These are civil lawsuits. However, if the party who caused your loved one’s death was found guilty in a criminal trial, that may make it easier to secure compensation through your wrongful death case.
Common Causes of Wrongful Death in Los Angeles
Wrongful deaths can occur in various ways. Some of the most common causes of wrongful death in Los Angeles are:
- Motor Vehicle Accidents – Car, truck, motorcycle, and pedestrian accidents are among the leading causes of wrongful death in Los Angeles. The forces involved in these accidents can cause catastrophic injuries to victims.
- Medical Malpractice – When your loved one goes in for medical treatment, you don’t expect them to sustain further injury that causes their death. Unfortunately, fatal medical malpractice is more common than many realize.
- Workplace Accidents – On-the-job incidents, including falls from height, struck-by-vehicle accidents, and crushing accidents, can cause traumatic injuries resulting in death.
- Defective Products – Products with design, manufacturing, or warning label defects can cause fatal injuries to consumers, even when used as intended. These cases typically involve proving that a defect existed rather than proving negligence.
- Premises Liability Incidents – Slip-and-fall accidents and other incidents caused by hazardous property conditions can cause severe injuries, which may be fatal. For example, a traumatic brain injury from a fall can cause brain bleeding and swelling, resulting in death.
- Violent Crimes – Intentional acts like physical assault, domestic violence, gun crimes, and homicide can result in wrongful death lawsuits. Negligent actions aren’t the only cause of wrongful deaths.
Who Can File a Wrongful Death Lawsuit in LA?
Only certain people can file a wrongful death lawsuit in LA. Under California law, the parties who can file these lawsuits are the deceased’s personal representative and any of the following who stand to recover from the suit:
- The deceased’s spouse or domestic partner
- The deceased’s children (or grandchildren, if there are no surviving children)
- The deceased’s parents
- The deceased’s next of kin, as determined by intestate succession
Regardless of which party files the wrongful death lawsuit, it is filed on behalf of the parties who stand to recover compensation from it. This means if you are a dependent child of the deceased and the personal representative files the lawsuit, you can still benefit from it.
Damages Available in Wrongful Death Lawsuits
The damages you can recover through a wrongful death lawsuit fall under two main categories. Economic damages are compensation for your losses with tangible value, while non-economic damages are compensation for your losses with intangible value.
Punitive damages, which are monetary punishments that a court can apply to the defendant for particularly egregious actions, are not available through wrongful death lawsuits in California. However, they can be sought through a related survival action filed by the personal representative of the deceased’s estate.
Economic Damages
The California Civil Jury Instructions outline the economic damages available through wrongful death lawsuits in Section 3921. Under this section, plaintiffs can seek compensation for the following losses related to the death of their loved one:
- The loss of the financial support their loved one would have contributed to the family for the duration of their life expectancy
- The loss of gifts and benefits that their loved one would have provided
- The funeral and burial expenses for their loved one
- The loss of the reasonable value of the household services their loved one would have provided, including childcare, yard work, and home repairs
Non-Economic Damages
CACI Section 3921 also outlines the non-economic damages available through wrongful death lawsuits. Under this section, plaintiffs can seek compensation for the following losses related to the death of their loved one:
- The loss of their loved one’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- The loss of the enjoyment of sexual relations with their loved one
- The loss of their loved one’s training and guidance
California Wrongful Death Statute of Limitations
Under California’s statute of limitations for wrongful death, plaintiffs only have two years to file lawsuits against the parties responsible for the death of their loved ones. You must file your lawsuit within this period or risk losing your right to seek compensation.
However, this two-year time limit doesn’t apply to all wrongful death lawsuits. In some cases, the deadline may change, or there may be additional deadlines you must meet.
For example, if the wrongful death was the result of medical malpractice, the deadline for filing your lawsuit is whichever of the following occurs first:
- Three years after the date of your loved one’s death, or
- One year after you discovered your loved one’s death was due to medical malpractice
If a government entity was responsible for your loved one’s death, there is an additional six-month time limit for filing a claim with the relevant department. This means you must meet both the six-month deadline for filing a claim and the two-year deadline for filing your lawsuit.
Frequently Asked Questions
See below for answers to some of the most frequently asked questions about wrongful death lawsuits in Los Angeles, California.
How long does a wrongful death lawsuit take?
Wrongful death lawsuits can take several months to several years, depending on the case’s circumstances and complexity and the court’s availability.
Some wrongful death cases can be fairly straightforward and may be resolved with a settlement in a matter of months. However, many others take a bit longer. For example, if the wrongful death case involves criminal actions, such as homicide or the defendant driving under the influence, it may be beneficial to wait until after the criminal trial to file your lawsuit.
If your case is complex, such as if it involves several at-fault parties, it could take time to determine each party’s liability. This can slow down your case, but it’s essential for maximizing your compensation.
Finally, if your case goes to trial because the at-fault parties or their insurance companies refuse to offer fair settlements, it can significantly increase the length of your case. Trials are far more involved than settlement negotiations, and the court’s availability could slow things down further.
What is the difference between a wrongful death lawsuit and a survival action?
Wrongful death lawsuits and survival actions are similar in some ways but very different in others.
A wrongful death lawsuit seeks compensation for the losses sustained by the deceased’s loved ones as a result of the death. A survival action is a lawsuit that “survives” the deceased’s passing and can be brought on behalf of the deceased’s estate by the personal representative.
For example, if your loved one sustained traumatic injuries that eventually led to their death, you could file a wrongful death lawsuit to seek compensation for how their death negatively affected you. At the same time, their personal representative could file a personal injury lawsuit through a survival action to seek compensation for the losses your loved one sustained before their death.
In many cases, wrongful death lawsuits and survival actions are filed side-by-side as they each seek different compensation, often for the same event. When a survival action is successful, the compensation goes to the estate, from which it is distributed to the deceased’s heirs according to intestate succession laws.
Is there a limit on damages in wrongful death cases?
In most wrongful death cases, there is no limit on damages awarded by a jury. However, there is a limit on damages in cases arising from medical malpractice. The limit in medical malpractice cases depends on the year the death occurred.
Contact Our Wrongful Death Lawyers Serving Los Angeles
If your loved one died as a result of another party’s actions, contact Dordick Law Corporation at (310) 551-0949 for a free consultation with a knowledgeable and experienced Los Angeles personal injury lawyer about your case. Our firm has been providing LA residents with exceptional legal service since 1987, and we’ve recovered millions for our deserving clients. Get in touch today to see what we can do for you.
