Los Angeles Wrongful Death Lawyers

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person dies because of another’s negligent, reckless, or intentional act. Under California law, certain family members can bring a lawsuit to recover for the losses they’ve suffered due to that death.

Wrongful death cases are civil lawsuits. They are separate from any criminal charges the State might pursue. You don’t need a criminal conviction to prove wrongful death. Instead, your attorney must show by a “preponderance of the evidence” that another person or entity caused your loved one’s death.

Who Can File a Wrongful Death Lawsuit in California?

California limits who can file a wrongful death claim to ensure the closest family members receive compensation.

The following individuals typically have the right to bring a claim:

• Surviving spouse or domestic partner. The person legally married to or registered as a domestic partner of the deceased may file a claim.
• Children of the deceased. Biological or adopted children can file for compensation.
• Parents, siblings, or other heirs. If the deceased had no spouse, partner, or children, other family members entitled to inherit under intestate succession may file.
• Financial dependents. Under certain circumstances, stepchildren, putative spouses, or others financially supported by the deceased may also qualify.

Each family’s situation is unique. A Los Angeles wrongful death attorney can confirm whether you have legal standing to file a claim.

Common Causes of Wrongful Death in Los Angeles

Los Angeles is one of the most densely populated metropolitan areas in the United States. Fatal accidents can occur anywhere, from the busy I-10 freeway to downtown construction sites.

Some of the most common causes of wrongful death include:

• Car accidents—often caused by distracted, impaired, or speeding drivers;
• Truck collisions—including semi-truck or delivery vehicle crashes on major routes like I-5 and I-710;
• Motorcycle accidents—can result in severe injuries or fatalities when drivers fail to see riders;
• Pedestrian and bicycle accidents—tragically common in neighborhoods with heavy foot traffic;
• Workplace or construction accidents—including falls, equipment malfunctions, or unsafe working conditions; and
• Medical malpractice—such as surgical errors, misdiagnoses, or medication mistakes.

Each case requires a careful investigation to determine what went wrong and who is responsible. One of our experienced attorneys can help assess your situation to see if you have a case.

How Long Do You Have to File a Wrongful Death Claim?

In most cases, you have two years from the date of death to file a wrongful death lawsuit in California. You could lose your right to pursue compensation entirely if you miss this deadline.

However, limited exceptions that can affect the timeline include:

• Claims against government entities. If a public agency may be responsible, you must first file a claim within six months under the California Government Claims Act.
• Delayed discovery. If you didn’t know right away that negligence caused the death, the two-year clock may start when you discover the wrongdoing.

Because these rules can impact the deadline, it’s best to contact a wrongful death lawyer quickly to protect your right to file.

How a Wrongful Death Lawyer in Los Angeles Helps

Dealing with insurance companies, paperwork, and deadlines while grieving can be overwhelming.

A dedicated Silva Injury Law Los Angeles wrongful death lawyer can handle every aspect of your claim, including:

• Investigating the accident. We gather police reports, witness statements, medical records, and expert testimony to prove liability.
• Identifying responsible parties. Multiple parties, such as drivers, employers, or product manufacturers, may share fault.
• Calculating damages. We carefully document financial and emotional losses to seek full compensation.
• Negotiating with insurers. Our attorneys know how to counter low settlement offers.
• Preparing for trial. If insurance companies refuse to pay fairly, we are ready to take your case to court.

When you work with us, you gain an experienced legal team. We will treat your case with care, respect, and determination.

Why Choose Silva Injury Law

At Silva Injury Law, we don’t just fight for compensation; we fight for people. Our firm’s philosophy, “Promoting Healing Through Compassionate Advocacy,” guides everything we do. If you’ve lost a loved one in a preventable accident, you deserve justice and support.

We’ve recovered millions of dollars in wrongful death cases for families across California. Our attorneys are recognized by The National Trial Lawyers: Top 40 Under 40 and have extensive trial experience against some of the largest insurance companies in the nation.

We know that reaching out to an attorney can feel intimidating. Our goal is to make the process as supportive and straightforward as possible. We take on cases other firms may turn away because every client deserves justice, regardless of policy limits or case size. From handling all paperwork to connecting you with the best medical experts, we provide total peace of mind, allowing you to focus on your healing.

Contact us online or call (209) 600-4389 today to learn how we can help with your wrongful death case.

Our experienced attorneys also handle other types of injury cases, including:

• Trucking Accidents
• Car Accident
• Dog Attack
• Pedestrian Accidents
• Bicycle Accidents
• Motorbike Accidents
• Drunk Driving Accidents
• Distracted Driving Accidents
• Sexual Assault
• Nursing Home Abuse
• Slip and Fall
• Work Injury

Frequently Asked Questions

Who Can Be Held Liable for a Wrongful Death in California?

Any person, business, or government entity whose negligence or wrongful act caused the death of another can be held liable. This might include drivers, employers, property owners, healthcare providers, or product manufacturers.

How Much Is a Wrongful Death Claim Worth?

The value of your claim depends on various factors. Some factors include the deceased’s income, life expectancy, and the emotional and financial impact on surviving family members. An experienced Los Angeles wrongful death attorney can help estimate the potential value of your case based on similar cases.

Can Multiple Family Members File Separate Lawsuits?

No. California law allows eligible heirs to join together in a single wrongful death action. This prevents inconsistent verdicts. It also ensures all parties receive their fair share of compensation.

What If the At-Fault Person Faces Criminal Charges?

You can still file a civil wrongful death claim even if the defendant is also facing criminal charges. The criminal case’s outcome doesn’t determine your right to recover damages in civil court.

How Long Does a Wrongful Death Case Take?

Many cases settle within several months. However, more complex cases, especially those involving disputed liability or high damages, may take a year or more. Silva Injury Law prepares every case as if it’s going to trial to help you reach the best outcome as quickly as possible.

Resources:

• Cal. Gov’t Code § 911.2 (2016), link.