Losing a loved one due to someone else’s negligent or wrongful actions is one of the most heartbreaking experiences a family can endure. While no amount of money can replace a life, California law provides a legal remedy through a wrongful death claim to hold responsible parties accountable and help families recover financial damages.
A wrongful death case arises when a person dies as a result of the negligence, recklessness, or intentional misconduct of another individual, company, or entity. These cases are civil lawsuits, separate from any criminal charges that may be filed. The goal of a wrongful death claim is to secure compensation for the surviving family members who suffer emotional and financial loss due to their loved one’s death.
Common Causes of Wrongful Death
Wrongful death can occur in many scenarios, including but not limited to:
- Car accidents caused by distracted or intoxicated drivers
- Motorcycle accidents involving careless motorists
- Pedestrian accidents in high-traffic areas
- Truck accidents due to driver fatigue or improper loading
- Medical malpractice or surgical errors
- Defective or dangerous products
- Construction site accidents
- Workplace accidents due to safety violations
- Acts of violence or criminal behavior
At Arshakyan Law Firm, our Los Angeles attorneys have extensive experience handling wrongful death claims across Southern California, including in Los Angeles County, Orange County, San Bernardino County, Ventura County, Riverside County, and surrounding areas.
Who Can File a Wrongful Death Lawsuit in California?
Under California law, the following individuals are generally allowed to file a wrongful death claim:
- The surviving spouse or domestic partner of the deceased
- The deceased person’s children
- If no surviving children, then anyone entitled to the estate under California intestate succession laws (such as parents or siblings)
- Individuals who were financially dependent on the deceased, such as stepchildren or putative spouses
These claims must be filed within California’s statute of limitations, which is generally two years from the date of the person’s death. Failing to file within this time frame could result in losing the right to pursue compensation.
Elements of a Wrongful Death Case
To succeed in a wrongful death lawsuit, the plaintiff must prove several legal elements:
- Duty of Care: The defendant owed a duty of care to the deceased person.
- Breach of Duty: The defendant breached that duty through negligence or wrongful conduct.
- Causation: The breach of duty directly caused the death of the individual.
- Damages: The surviving family members suffered losses due to the death, such as lost income, funeral expenses, and emotional distress.
Each case is unique and requires careful legal analysis and investigation to determine the strength of the claim.
What Damages Can Be Recovered?
Wrongful death damages in California are categorized into two types: economic and non-economic.
Economic Damages:
- Loss of financial support that the deceased would have provided
- Funeral and burial expenses
- Medical bills related to the final illness or injury
- Loss of gifts or benefits the heirs could have expected
Non-Economic Damages:
- Loss of love, companionship, and moral support
- Loss of guidance and care
- Emotional pain and suffering
Our legal team collaborates closely with economists, medical professionals, and grief counselors to thoroughly assess the impact of your loss and pursue the maximum compensation available under the law.
Why Choose Arshakyan Law Firm?
Our firm has a proven track record of success representing grieving families in wrongful death cases throughout Southern California. When you choose Arshakyan Law Firm, you benefit from:
- Compassionate and personalized representation
- Thorough investigation of your case
- Skilled negotiation with insurance companies
- Aggressive litigation when necessary
- No fees unless we win your case
We are deeply committed to securing justice for families whose lives have been shattered by preventable tragedies. Our attorneys understand the sensitive nature of these cases and provide the emotional support and legal guidance you need during this painful time.
How Long Does a Wrongful Death Case Take?
The timeline for a wrongful death case can vary depending on the complexity of the facts, the cooperation of the opposing party, and whether the case goes to trial. Some cases settle within months, while others may take over a year. At Arshakyan Law Firm, we work diligently to resolve your case efficiently while ensuring no corners are cut in building a strong claim.
Do You Need an Attorney?
Wrongful death cases are complex, and insurance companies often attempt to minimize payouts or deny liability altogether. Having an experienced wrongful death attorney by your side levels the playing field, ensuring you have a strong advocate. Our Los Angeles attorneys have the knowledge and resources to gather critical evidence, consult with experts, handle negotiations, and if needed, take the case to court to fight for your family’s rights.
Serving All of Southern California
Whether you live in Los Angeles, Glendale, Burbank, Van Nuys, Long Beach, Anaheim, San Bernardino, Riverside, Lancaster, Ontario, Oxnard, or anywhere in between, Arshakyan Law Firm is here for you. We are proud to serve families across all counties in Southern California, offering unmatched legal support and dedication.
Justice, Closure, and Financial Recovery
While nothing can undo the pain of losing a loved one, a successful wrongful death claim can provide the financial resources necessary to cover bills, continue supporting dependents, and find a sense of closure. Most importantly, holding the negligent party accountable can prevent future tragedies and bring a measure of justice to your loved one’s memory.
Wrongful Death and Criminal Cases: What’s the Difference?
It’s important to understand that a wrongful death lawsuit is a civil action, while the state handles criminal charges like manslaughter or homicide. Even if the responsible party is not charged criminally, or is acquitted in criminal court, surviving family members can still pursue justice through a civil wrongful death claim. The burden of proof is also lower in civil court, requiring a “preponderance of the evidence” rather than “beyond a reasonable doubt.”
This distinction allows families to seek justice even when the criminal justice system falls short. At Arshakyan Law Firm, our wrongful death attorneys work independently from any criminal proceedings to build a strong case based on facts, expert opinions, and evidence of negligence.
How We Investigate Wrongful Death Claims
Our legal team conducts thorough investigations for every wrongful death case. This process may include:
- Collecting police reports and accident scene evidence
- Interviewing witnesses
- Reviewing medical records and autopsy reports
- Analyzing employment and income data for lost future earnings
- Consulting accident reconstruction experts and forensic analysts
- Evaluating emotional and psychological trauma suffered by surviving family members
We also collaborate with financial and life-care planning experts to assess the full economic impact of the loss over time. These efforts ensure that every aspect of the case is considered and no evidence is overlooked.
Common Defenses in Wrongful Death Cases
Defendants and their insurance companies may raise various defenses in wrongful death claims to reduce or deny liability. These may include:
- Arguing the decedent was partially or wholly at fault for the incident
- Questioning the causation between the defendant’s actions and the death
- Disputing the amount of claimed damages
- Attempting to shift blame to a third party
Our attorneys are highly experienced in countering these tactics with solid evidence, expert testimony, and detailed documentation. We anticipate potential defenses from the start to protect your claim and your right to full compensation.
Wrongful Death Involving Children and Elderly Victims
Wrongful death cases involving minors or elderly individuals present unique legal challenges, especially when it comes to calculating damages. Although these individuals may not have earned income, the law still recognizes the value of their companionship, care, and presence.
For children, courts may consider factors such as life expectancy, potential future earnings, and the emotional loss suffered by their parents. For elderly victims, the focus may shift to the emotional suffering of surviving loved ones and the void left behind.
Our team approaches every case with sensitivity and dedication, ensuring that your family member’s life is honored with the full respect and compensation they deserve.
Workplace Wrongful Death Cases
Some wrongful death cases arise from job-related accidents. In such situations, families may be entitled to workers’ compensation death benefits. However, in some instances, a wrongful death lawsuit can be filed in addition to, or instead of, a workers’ comp claim, especially if a third party was responsible.
Examples include:
- A subcontractor causing a fatal construction accident
- Equipment failure due to defective design or manufacturing
- Unsafe property conditions created by a third party
If your loved one died in a work-related accident, we will evaluate all legal avenues to maximize your compensation and hold all responsible parties accountable.
Product Liability and Wrongful Death
When a defective or dangerous product causes someone’s death, the manufacturer, distributor, or retailer may be liable in a wrongful death claim. These cases fall under product liability law and may involve:
- Auto parts that fail during a collision
- Dangerous pharmaceutical drugs
- Faulty medical devices
- Defective electronics that cause fires
- Unsafe children’s toys or equipment
Our firm has the resources and legal knowledge to take on large corporations and fight for justice in product-related wrongful death claims. We will work with technical experts to identify product flaws and trace responsibility up the supply chain.
Emotional and Psychological Impact of a Wrongful Death
Beyond the financial toll, the emotional devastation of losing a loved one can last for years. Spouses often lose their life partners, children lose parental guidance, and entire families are left to navigate grief and trauma.
We understand the human side of wrongful death litigation. That’s why we not only fight for economic damages but also pursue compensation for emotional suffering, loss of consortium, and diminished quality of life.
We can help connect you with professional counselors and support resources to assist your healing journey.
Settlements vs. Trials
Many wrongful death cases are resolved through settlements, sparing families the stress of going to court. Settlements allow for faster resolution and confidentiality. However, if the insurance company refuses to offer a fair amount, we are fully prepared to go to trial.
Our litigation team is skilled, assertive, and well-respected in courts throughout Los Angeles and Southern California. We build every case as if it’s going to trial, ensuring we’re always prepared to advocate fiercely on your behalf.
Frequently Asked Questions
Can multiple family members file a wrongful death claim together?
Yes. In many cases, eligible survivors join together as plaintiffs in a single wrongful death lawsuit. The damages awarded are then distributed according to the relationship of the claimants to the deceased and their level of dependency.
What if the deceased didn’t have a job?
Even if your loved one wasn’t employed, you may still recover compensation for non-economic damages, like emotional loss and household services they provided.
Is there a cap on damages in California?
There is generally no cap on damages in most wrongful death cases in California, except in specific situations like medical malpractice, which may be subject to limits under MICRA laws.
What if my loved one was partially at fault?
California follows a comparative fault system, meaning compensation can still be awarded even if the deceased shared some responsibility. Damages may be reduced proportionally, but recovery is still possible.
How much does it cost to hire a wrongful death attorney?
At Arshakyan Law Firm, we handle all wrongful death cases on a contingency fee basis. That means you pay nothing unless we win your case. We also offer complimentary consultations to assess your situation without any obligation.
Take the First Step Toward Justice
If you believe someone else’s actions or negligence caused your loved one’s death, don’t wait. The sooner you act, the stronger your case can be. Our team is ready to listen, guide, and fight for you every step of the way.
Call us for a free and confidential consultation at (818) 650-9985. We are in your corner!