LOS ANGELES WRONGFUL DEATH ATTORNEY

Losing someone unexpectedly is devastating. When that loss happens because another person or company acted negligently or wrongfully, California law allows certain surviving family members to pursue justice and financial accountability.

Under California law, a wrongful death occurs when a person dies as a result of another party’s negligence or wrongful act, and the deceased would have had the right to file a personal injury claim had they survived. These claims are governed by California Code of Civil Procedure § 377.60.

A wrongful death lawsuit allows eligible family members to seek compensation for financial losses and the emotional impact of losing their loved one.

To establish a wrongful death claim in Los Angeles, your attorney must show:

• The defendant owed a duty of care
• The duty was breached
• The breach caused the fatal injury
• Damages resulted to the surviving family members

Unlike some states, California law allows certain eligible survivors, such as a spouse, domestic partner, children, or other qualifying dependents, to file the claim directly.

Because Los Angeles is one of California’s busiest and most densely populated cities, certain types of fatal accidents occur more frequently here.

Common local causes may include:

• Car accidents on the 405, 101, 5, and 10 freeways
• Pedestrian and bicycle crashes in high-traffic neighborhoods and intersections
• Commercial truck accidents involving port, freight, and distribution traffic
• Motorcycle collisions on congested urban roadways
• Medical malpractice at hospitals or surgical centers
• Construction site and workplace accidents
• Drownings at residential properties or hotel pools
• Premises liability incidents at apartment complexes, retail centers, or entertainment venues
• Defective or dangerous products
• Nursing home neglect or abuse
• Fatal injuries resulting from violent or criminal acts

Each of these situations may give rise to a civil wrongful death claim, which is separate from any criminal charges that may also be filed.

If you suspect a wrongful death, it’s important to take immediate action to protect your rights and build a strong case. Here are the key steps you should take:

Obtain a Death Certificate

The official death certificate will document the cause of death, which may be important for your case.

Gather Evidence

Collect any medical records, accident reports, photographs, witness statements, or other relevant documentation that could support your claim. If the death occurred in a workplace or medical setting, request records related to procedures, treatments, or safety violations.

Contact Morgan & Morgan

A wrongful death attorney can evaluate your case and guide you on the best course of action. They can also help determine liability and the compensation you may be entitled to.

Avoid Speaking With Insurance Companies Alone

Insurance companies may attempt to minimize your claim. Consult with your attorney before providing any statements.

Determine Who Can File a Claim

Under California law, certain surviving family members may file a wrongful death lawsuit. This typically includes:

• The surviving spouse or registered domestic partner
• Children of the deceased
• Grandchildren (if the deceased’s children are also deceased)
• Other individuals who were financially dependent on the deceased, in certain circumstances

If none of these individuals exist, the personal representative of the estate may bring the claim on behalf of the heirs.

Be Aware of the Statute of Limitations

Each state has a specific deadline for filing a wrongful death claim. California’s statute of limitations is strict, and missing this deadline could prevent you from pursuing legal action.

Consider the Financial and Emotional Impact

Wrongful death claims can help recover damages for medical expenses, funeral costs, lost income, and emotional suffering. An attorney can help calculate the full extent of losses.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here’s what to consider:

Was There Negligence or Wrongful Conduct?

To bring a wrongful death claim, you must show that another party’s negligence or wrongful act caused the death. This may include:

• Car accidents caused by a negligent driver
• Medical malpractice resulting from a healthcare provider’s error
• Unsafe workplace conditions leading to a fatal injury
• Criminal acts, such as assault or homicide

Did the Death Result From That Conduct?

There must be a direct connection between the responsible party’s actions (or failure to act) and the death. For example, if a medical provider failed to diagnose a treatable condition and the patient died as a result, that may support a claim.

Do You Have Legal Standing?

Under California law, certain surviving family members may file a wrongful death lawsuit. This typically includes:

• The surviving spouse or registered domestic partner
• Children of the deceased
• In some cases, other heirs or financially dependent individuals

If no eligible heirs exist, the personal representative of the estate may file the claim.

Are There Recoverable Damages?

A valid wrongful death case must involve measurable damages, such as:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support and future earnings
• Loss of companionship, care, and emotional support

Is It Within the Statute of Limitations?

California law sets a deadline for filing a wrongful death claim. If too much time passes, you may lose the right to pursue compensation. Acting promptly can help protect your legal options.

California law is specific. Certain surviving family members may file a wrongful death lawsuit directly. This typically includes:

• The surviving spouse or registered domestic partner
• Children of the deceased
• Grandchildren (if the deceased’s children are also deceased)
• In some cases, other heirs or financially dependent individuals

If none of these individuals exist, the personal representative of the estate may file the claim on behalf of the heirs.

California law imposes strict deadlines for filing a wrongful death claim. In most cases, the time period begins running from the date of death, though certain circumstances can affect how the deadline is calculated.

Different rules may apply in cases involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

For example, medical negligence cases may follow different timing rules, and claims against public entities often require additional procedural steps before a lawsuit can be filed.

Because these deadlines are strictly enforced and missing them can permanently prevent recovery, it’s important to act promptly to protect your rights.

A wrongful death lawsuit and a criminal case may arise from the same incident, but they are fundamentally different in purpose, burden of proof, and potential outcomes.

Purpose

• Wrongful Death Lawsuit (Civil Case): Filed by surviving family members or the deceased’s estate to seek financial compensation for damages (medical bills, funeral costs, lost wages, emotional suffering). The goal is monetary compensation, not punishment.
• Criminal Case: Prosecuted by the government (district attorney) to hold the responsible party accountable for breaking the law (homicide, manslaughter). The goal is punishment, which can include jail time, fines, or probation.

Burden of Proof

• Wrongful Death Lawsuit: Plaintiffs must prove the defendant’s negligence or misconduct by a preponderance of the evidence (more likely than not). This is a lower standard of proof than in criminal cases.
• Criminal Case: The prosecution must prove guilt beyond a reasonable doubt, which is a much higher standard.

Who Files the Case

• Wrongful Death Lawsuit: Filed by the victim’s family or estate.
• Criminal Case: Brought by the state (government prosecutors).

Possible Outcomes

• Wrongful Death Lawsuit: The defendant may be ordered to pay financial damages, but does not face jail or criminal penalties.
• Criminal Case: If convicted, the defendant may face prison time, fines, probation, or other penalties.

Can Both Cases Happen Simultaneously?

Yes. A person can face both criminal charges and a civil wrongful death lawsuit arising from the same incident. The two cases are separate and serve different purposes. A criminal case is brought by the government to determine guilt and impose penalties, while a civil wrongful death claim is filed by surviving family members seeking financial compensation.

Because the burden of proof is different in criminal and civil courts, it is possible for someone to avoid a criminal conviction but still be found legally responsible in a civil case.

A wrongful death lawsuit and a survival action are both legal claims that arise when someone dies due to another party’s negligence, but they serve different purposes. A wrongful death lawsuit is meant to compensate the deceased person’s surviving family members for their losses. This can include funeral and burial costs, the loss of financial support, and the emotional toll caused by the death. It focuses on the impact the loss has on those left behind.

On the other hand, a survival action is filed by the deceased’s estate and seeks damages for the suffering and financial losses the person experienced before passing. If the deceased endured medical treatment, pain, or lost wages between the time of injury and death, the survival action ensures those damages are accounted for. Instead of focusing on the family’s loss, it essentially continues the legal claim the deceased would have had if they had survived.

The key difference is timing. Wrongful death claims address losses that occur after a person’s death, while survival actions cover what the deceased went through before passing. In many cases, both claims can be pursued together to fully compensate for the financial and emotional consequences of the loss.

In a wrongful death case, compensation (or damages) is intended to address the financial and relational losses suffered by the deceased’s eligible surviving family members.

Under California law, both economic and non-economic damages may be available.

Economic damages may include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Loss of the deceased’s expected financial support
• Loss of benefits (such as health insurance or pension contributions)
• Loss of household services

Non-economic damages may include:

• Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
• Loss of parental guidance and training
• Loss of consortium (for a surviving spouse or domestic partner)

Punitive damages are not typically available in a wrongful death claim itself. However, in certain cases involving intentional misconduct or extreme wrongdoing, additional damages may be pursued through a related survival action.

Proving liability in a wrongful death case involves demonstrating that the defendant's actions (or failure to act) directly caused the death of the deceased. The process can be complex, but the core elements typically include showing negligence, intentional misconduct, or recklessness. 

Establish Negligence (or Other Legal Theories)

In most wrongful death claims, the plaintiff (typically eligible surviving family members) must prove that the defendant’s negligence or other wrongful conduct caused the death.

To establish negligence, you must show that the defendant failed to exercise reasonable care and that this failure led to the fatal injury. The key elements generally include:

• Duty of Care: The defendant owed a legal duty to the deceased. For example, drivers must operate vehicles safely, and healthcare providers must deliver competent medical care.
• Breach of Duty: The defendant violated that duty by acting, or failing to act, in a way a reasonably careful person would not.
• Causation: The defendant’s conduct must have been a substantial factor in causing the death.
• Damages: The death must have resulted in measurable losses, such as loss of financial support, funeral expenses, or loss of companionship.

Intentional Misconduct (Murder or Assault)

If the defendant's actions were intentional or malicious (such as in cases of murder or assault), the plaintiff must prove:

• Intent: The defendant meant to cause harm or acted with reckless disregard for the deceased's safety.
• Causation: The intentional conduct directly led to the death.

Gather Evidence to Prove Liability

Proving liability often requires various forms of evidence, including:

• Medical Records: These show the cause of death and whether it was related to the defendant’s actions (an injury from a car accident, medical malpractice, or workplace accident).
• Eyewitness Testimony: Statements from people who witnessed the incident can help establish what happened.
• Expert Testimony: Experts, such as doctors, accident reconstruction specialists, or economists, may be called to testify on medical issues, the cause of death, or the financial impact of the loss.
• Accident Reports: Police or accident reports (from a car crash) can help establish liability, especially if they show the defendant’s wrongdoing or negligence.
• Photographs or Video: Evidence like surveillance footage, photos of the scene, or video recordings can be powerful in proving the cause of the fatal incident.

Prove Proximate Cause

You must show that the defendant's actions were the proximate cause of the death, meaning the actions were a substantial factor in causing the fatal incident. This involves:

• Showing that the defendant’s conduct directly led to the death.
• Demonstrating that no other intervening cause was responsible for the death.

Proving that the injuries sustained were significant enough to result in the fatality (fatal injuries from a car accident, defective product, or medical error).

Defend Against Possible Defenses

The defendant may attempt to show that:

• Contributory negligence: The deceased was partially at fault for their own death.
• Assumption of risk: The deceased knowingly put themselves in a dangerous situation.
• Comparative negligence: The deceased was partially responsible for the accident, and this should reduce the damages.

You will need to counter these defenses with evidence showing that the defendant was primarily at fault.

Legal Representation

Because Los Angeles accidents frequently involve commercial vehicles, resorts, or large corporations, cases can become complex. Having a firm with substantial investigative resources matters.

A wrongful death attorney at Morgan & Morgan can help with gathering evidence, interviewing witnesses, and presenting expert testimony to prove the defendant's liability. Our experienced attorneys are skilled at navigating complex legal issues and can help ensure that your family gets fair compensation.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to provide specialized knowledge that strengthens the case by supporting the plaintiff’s claims or refuting the defendant’s arguments. Expert witnesses are usually specialists in areas related to the case, such as medicine, accident reconstruction, or economics. 

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By offering their expert opinions, these witnesses help the jury understand complex topics and make more informed decisions.

Yes, insurance can play a significant role in wrongful death claims. In many cases, the defendant (the person or entity responsible for the death) may have insurance coverage that could help compensate the surviving family members for their loss.

Here’s how insurance may be involved:

• Defendant's Insurance Coverage: If the defendant is insured (for example, in a car accident or workplace accident), their insurance policy may cover damages awarded in a wrongful death case. The insurance company will typically handle the defense and may offer a settlement to avoid going to trial. This can help survivors recover financial compensation more quickly.
• Life Insurance: If the deceased had a life insurance policy, the beneficiaries (such as the spouse, children, or other dependents) may be able to claim the death benefits. This is separate from a wrongful death lawsuit, but it can provide additional financial support.
• Employer’s Insurance: If the wrongful death occurred due to a work-related accident, the employer’s workers' compensation insurance may cover certain expenses, though it typically does not cover non-economic damages like pain and suffering. In some cases, a third-party lawsuit can be filed if another party’s negligence (outside of the employer) contributed to the death.
• Settlements: Often, insurance companies prefer to settle cases before going to trial to avoid the cost and risk of a lengthy legal battle. In wrongful death cases, insurance companies may offer a settlement to the family to compensate for medical bills, funeral expenses, and lost income.

Insurance plays a key role in providing compensation for wrongful death claims, whether through the defendant’s liability insurance, life insurance, or workers' compensation coverage. However, insurance coverage does not always cover all types of damages, and the amount of compensation available will depend on the specifics of the case.

You should also note that insurance companies typically fight aggressively, and legal representation levels the playing field.

While it’s not legally required to have a lawyer for a wrongful death claim, it is highly recommended. Wrongful death cases can be complex, involving legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.

California’s wrongful death laws are strict and include specific guidelines for who can file a claim, what damages are available, and the statute of limitations. A lawyer ensures your claim follows all legal requirements.

Establishing that someone’s negligence or intentional actions caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys know how to build a solid case.

Plus, insurance companies often try to minimize payouts. They may pressure you to accept a low settlement or deny liability altogether. A lawyer negotiates on your behalf and ensures you don’t settle for less than you deserve.

If a settlement isn’t reached, your case may go to trial. Litigation involves filing legal documents, presenting evidence, and arguing your case in court. An experienced Los Angeles attorney at Morgan & Morgan can handle these complexities and advocate for your rights.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

At Morgan & Morgan, our experienced attorneys handle cases like this every day. As the largest personal injury law firm in the country, with law offices nationwide, we have recovered $30 billion for our clients across a wide range of injury matters. We bring those same resources, experience, and dedication to every case we take on.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We’re deeply rooted in California and understand the local courts, judges, and insurance practices. Our firm has the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Los Angeles team today for a free case evaluation to learn more about your legal options.