A wrongful death occurs when an individual loses their life due to another party’s negligence, recklessness, or intentional wrongdoing. In essence, it’s a death that should have been prevented. Unlike criminal homicide cases, which are prosecuted by the state, wrongful death claims are civil actions filed by the deceased’s family or estate to pursue financial compensation.
The emotional and financial toll on surviving family members can be overwhelming. In addition to the profound grief of losing a loved one, families often face significant financial burdens, including lost income, medical expenses, and funeral costs. In California, it is crucial for families to work with experienced wrongful death attorneys who can guide them through the legal process and fight to secure the justice and compensation they deserve.
Eligible Claimants in California Wrongful Death Cases
In California, wrongful death claims may be filed by specific individuals who had a close relationship with the deceased. Unlike New York, where only the personal representative of the estate files the claim, California law allows certain family members to bring the action directly. Eligible claimants include:
• Spouse or Domestic Partner
The surviving spouse or registered domestic partner of the deceased typically has priority in filing the claim and may receive a significant portion of any damages awarded.
• Children
Both minor and adult children of the deceased are eligible to bring or join a wrongful death action and share in any compensation.
• Parents
If the deceased had no surviving spouse or children, the parents may be entitled to file a claim, especially if they were financially dependent on the deceased.
• Other Heirs or Dependents
In the absence of a spouse, children, or parents, other individuals who would be entitled to inherit under California's intestate succession laws—such as siblings or stepchildren—may be eligible. Additionally, anyone who was financially dependent on the deceased may also qualify.
California law recognizes the emotional and financial losses that result from a wrongful death. Working with a qualified attorney can help ensure that all eligible parties are represented and that rightful compensation is pursued.
What to Do Immediately After a Wrongful Death Accident in Los Angeles
Taking the right steps after a wrongful death accident is critical. In a time of immense grief, these actions can help protect your family’s rights and strengthen your ability to seek justice and fair compensation.
Important steps to take include
Report the Incident
Call 911 to ensure that emergency services and law enforcement respond to the scene. An official report will be essential to any legal claim.
Preserve Evidence
If you are able, gather any relevant evidence—such as photographs, witness contact information, or surveillance footage—that may help establish what happened.
Contact a Wrongful Death Lawyer Without Delay
Contact a Los Angeles wrongful death attorney immediately—ideally before speaking to insurers. California’s filing deadline is usually two years, but government claims may be shorter. Early legal help preserves evidence and strengthens your case.
Loss of consortium
Insurance companies may try to contact you early on. Politely decline to make any statements or accept any offers before speaking with a lawyer.
Obtain the Death Certificate
Secure an official death certificate through the Los Angeles County Department of Public Health. This document will be required during the legal process.
Confirm Eligibility to File
California law strictly limits who may file wrongful death claims. Eligible parties typically include surviving spouses, domestic partners, children, and dependent stepchildren. If none exist, parents, siblings, or others who would inherit under intestate succession laws may qualify.
Document Financial and Emotional Losses
Begin gathering evidence of both financial and emotional losses right away. Secure medical records from emergency responders and hospitals to show the care provided after the incident. Collect employment documents that outline the deceased’s income, benefits, and career potential. Preserve personal communications—such as texts, emails, or letters—that illustrate the depth of family relationships. Keep receipts for all related expenses, including funeral costs, probate fees, and other out-of-pocket losses. Thorough documentation is essential for building a strong wrongful death claim and ensuring fair compensation.
Avoid Discussing Fault or Accepting Premature Settlements
Refrain from discussing the details of the accident or accepting any responsibility—whether partial or full—with insurance adjusters, witnesses, or on social media. Do not provide recorded statements without legal representation, and avoid signing any documents, including medical authorizations or settlement agreements, until they’ve been reviewed by your attorney. Taking these precautions helps protect your rights and preserves the integrity of your wrongful death claim.
Keep Records of All Expenses
Save documentation related to medical bills, funeral costs, lost income, and any other financial impacts caused by the loss.
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HOW OUR FIRM FIGHTS FOR YOU
Goodman Sullivan Law Group, Inc is one of California’s most aggressive wrongful death firms, known for preparing every case as if it’s going to trial. This strategy pressures insurance companies into higher settlements. Clients and peers view them as tenacious litigators who refuse to let insurers control the process, assembling expert teams to investigate thoroughly. Their assertive, no-nonsense approach has earned them a strong reputation as committed advocates for injury victims.
