A wrongful death claim allows surviving family members to seek compensation when someone's negligence or misconduct causes a death. It addresses financial and emotional losses suffered by survivors, such as lost income or companionship. These claims are separate from criminal cases and focus on civil liability.

The people who can claim are spouses, partners, children, registered domestic partners, and other eligible heirs of the deceased’s estate. The personal representative may also claim on their behalf.

Recoverable damages:

Economic damages:

• Funeral expenses

• Medical expenses

• Future lost income of the deceased

Non-economic damages:

• Suffering

• Loss of guidance

Punitive damages, as an exceptional remedy for extreme negligence, may also be recovered, depending on the circumstances and available evidence. The actual amount is determined on a case-by-case basis.

Standard: two years from the date of death. For medical malpractice-related deaths, this is one year from discovery or three years from the injury, whichever is earlier. Failure to meet this deadline generally will bar the claim; therefore, early consultation is advisable.

Leading causes are motor vehicle accidents (Automobile, truck, motorcycle), medical malpractice, work-related injuries, product liability, and premises liability. Traffic accidents and medical malpractice are among the leading causes of wrongful death in urban areas such as Glendale.

To succeed, a wrongful death claim must prove negligence. Thus, evidence must show that a duty of care was owed, violated, and directly caused the death. In complex cases, expert testimony may be necessary to establish this cause-and-effect relationship.  

The payment will be given to the appropriate members based on their entitlement. Entitlement will depend on whether they were financially or psychologically dependent on the deceased, among other factors. This is usually decided by a judge or by eligible family members, with priority given to the closest relatives, like spouses and children.

Crucial to the evidence are police records, health records, testimonies, accident reconstruction, and expert analysts. Supporting evidence can include photographs, financial records, and proof of your relationship to the deceased.

Yes, wrongful death lawsuits may be filed against a governmental body or a public employee. Still, they are subject to special procedural requirements. In California, a wrongful death claim must first be presented to the appropriate government agency within six months of the date of death. Certain government entities may also be protected by immunity under specific circumstances.

Cases might be concluded in months because of a settlement, or in years after trial. Sometimes, the complexity of litigation or insurance settlement deals affects how long a case takes. Many cases are resolved through settlements, providing closure for families.

Insurers often cover liability for at-fault parties, such as drivers or employers. They negotiate settlements to minimize payouts. Experienced attorneys counter low offers to ensure families receive fair compensation.

Yes, punitive damages are rare and can be awarded for reckless conduct to punish and prevent similar behavior. They are rare but possible in cases involving gross negligence or intentional harm.

Wrongful death claims compensate survivors for their losses. Survival actions, brought by the estate, recover damages the deceased could have claimed if alive, like pain and suffering before death. Both may be pursued in the same case.

Attorneys handle investigations, evidence gathering, negotiations, and court proceedings during a difficult time. They maximize compensation and protect rights against defenses or low settlements. Free consultations allow families to explore options without obligation.