Filing a Los Angeles Wrongful Death Action

Losing a loved one to negligence or wrongdoing is devastating. While compensation can’t undo the loss, it can bring accountability and ease financial burdens.

Filing a Los Angeles wrongful death action requires the help of a legal team that can help you prove your case. We want to be the team you call on for help. Rely on the compassionate wrongful death attorneys at CD Law.

Legal Requirements for Filing a Wrongful Death Claim

Under California Code §377.60, a wrongful death claim arises when the wrongful or negligent act of another causes a person’s death. Eligible individuals who can file this type of claim include the decedent’s surviving spouse, domestic partner, children, and, in some cases, parents. Children or other dependents who relied on the deceased for at least 180 consecutive days may also have the right to pursue legal action.

However, California Code §335.1 sets a strict deadline for filing. Wrongful death claims in Los Angeles must be initiated within two years of the death. Missing this deadline can severely limit your ability to seek compensation. In scenarios involving minors, the statute of limitations may be extended to two years after the child’s 18th birthday.

Proving a Wrongful Death Claim

Los Angeles wrongful death lawsuits can be legally complex, and pursuing one without the help of an experienced attorney can be overwhelming. If you are considering filing a wrongful death claim, it is essential to understand what is required to build a successful case. You must be able to prove the following elements:

• Duty of Care – Demonstrate that the defendant had a responsibility to act in a reasonably safe manner
• Breach of Duty – Show that the defendant failed to meet their duty of care through negligent or reckless actions
• Causation – Prove that the defendant’s actions directly caused your loved one’s death
• Damages – Establish that you have suffered significant harm due to your loved one’s passing, including financial losses and emotional suffering

Building a compelling case involves collecting strong evidence. This can include medical records, accident reports, witness statements, and other documentation that supports your claim. An experienced legal team can help you create a timeline of events, gather the necessary proof, and ensure the responsible party is held accountable.

Maximizing Your Wrongful Death Settlement

When filing a wrongful death claim in Los Angeles, maximizing your settlement requires presenting strong evidence and a clear understanding of the damages you have experienced. Settlement amounts vary based on several key factors, including:

• Case Details – The specific circumstances of the death and the extent of the defendant’s negligence
• Severity of Negligence – How reckless or careless the defendant was in causing the death
• Impact on the Family – The emotional and financial toll on the surviving family members
• Expenses – Medical bills, funeral costs, and other out-of-pocket expenses incurred due to the death
• Lost Wages and Future Earnings – If the deceased provided financial support, this loss will be considered
• Pain and Suffering – Emotional trauma and personal loss may also be compensated, particularly if combined with a survival action claim

Wrongful death claims aim to help ease the financial and emotional burden on the grieving family by holding the responsible party accountable. However, the compensation you may receive depends on the unique details of your case.

Reach Out to a Los Angeles Wrongful Death Attorney for Help Filing a Claim

At CD Law, we have a proven track record of helping families secure the compensation they deserve after losing a loved one. We know that no amount of money can replace your loss, but we strive to make the legal process as smooth as possible to help ease your burden.

If you are considering filing a Los Angeles wrongful death action, contact us today for legal guidance. We are here to help you through this difficult time and fight for the justice your family deserves.