Victim of a wrongful death?

When someone’s negligence causes a death, California law provides a way for the victim’s family to seek justice and financial stability. This is called a wrongful death claim. It’s a civil lawsuit filed by specific surviving family members against the person or entity responsible for the loss.

In Los Angeles, these claims are guided by state laws that strictly define who can file, the types of compensation available, and the deadlines that cannot be missed. 

We know the legal system is the last thing you want to think about. Our purpose is to provide clear answers and lift that burden from your shoulders. For a direct, confidential conversation about your family’s rights, call Sweet James Accident Attorneys at (800) 900-0000.

Key Takeaways for Los Angeles Wrongful Death Claims

1. Only specific relatives have the right to file a claim. California law prioritizes the surviving spouse, domestic partner, and children to bring a lawsuit. If none exist, other heirs may be eligible, but eligibility is not guaranteed for everyone in the family.
2. The deadline to file is unforgiving and may be shorter than you think. While the standard time limit is two years from the date of death, claims against government bodies must be filed in just six months. Missing this window means losing your right to seek compensation forever.
3. Compensation covers more than just lost income. A claim is designed to restore your family’s financial stability by covering funeral costs, lost future earnings, and the value of household services, as well as providing compensation for the loss of companionship and support.

Why Families Trust Sweet James for Wrongful Death Cases in Los Angeles

You need a law firm that understands what your family is going through and has a demonstrated history of holding negligent parties accountable.

Our approach is built on proven results and personalized attention. We handle the legal work so you can focus on your family during this challenging time.

A Record of Success

Our personal injury attorneys have recovered over $2 billion for clients. We approach every case with the dedication required to secure a 98% success rate.

Significant Results in High-Stakes Cases

We have secured substantial verdicts and settlements that provide for families’ long-term needs, including a record-setting $17.4 million jury verdict in 2024 and numerous multi-million dollar wrongful death resolutions.

Decades of Focused Experience

Our founding partner, James Bergener, previously defended insurance companies. This gives our team a distinct advantage in understanding how to build a case and counter their tactics. Fewer than 1% of U.S. attorneys are members of the Multi-Million Dollar Advocates Forum—he is one of them.

Here’s our commitment to you:

• No Win, No Fee Guarantee: You pay nothing unless we successfully resolve your case. This is our commitment to you.
• Direct & Personalized Attention: Your case will be handled by our dedicated team, and you will have a direct line of communication for any questions that arise. We manage the paperwork, the deadlines, and the negotiations.
• Local Presence: Our Los Angeles office is located at 16133 Ventura Blvd Suite 700, in the Financial District near Downtown LA. 

All it takes to start is a simple, no-obligation phone call to understand your family’s rights. You’re not obligated to work with us; our only hope is that you leave empowered to make the best decision for your family.

What Does a Wrongful Death Claim Accomplish?

The sudden loss of a family member brings not only emotional devastation but also serious and unexpected financial consequences. 

The income they provided is gone. New expenses, like funeral and burial costs, have appeared. You may worry about how you will pay the mortgage, afford your children’s education, or simply manage day-to-day expenses without your loved one’s contribution.

A wrongful death claim provides a legal path to recover these losses. The goal is to restore the financial stability that was taken from you. In California, compensation is designed to cover specific losses, which fall into two main categories:

Economic Damages

These are the measurable financial losses your family has suffered.

• Loss of Financial Support: The income the deceased would have earned and contributed to the family.
• Loss of Gifts or Benefits: The value of benefits, like health insurance, that the family would have received from the deceased.
• Funeral and Burial Expenses: The reasonable costs associated with laying your loved one to rest.
• Household Services: The value of the services the deceased provided, such as childcare, home maintenance, or financial management.

Non-Economic Damages

These are the intangible, but deeply felt, personal losses.

• Loss of Companionship and Support: This addresses the loss of the deceased’s love, community, attention, and guidance.
• Loss of Consortium: For a surviving spouse or domestic partner, this specifically recognizes the loss of companionship and intimacy.

What About Punitive Damages?

In rare instances where the defendant’s conduct was malicious or intentionally reckless, a court might award punitive damages. These are not meant to compensate for your family’s loss but to punish the wrongdoer and deter others from similar behavior.

How Is a “Wrongful Death” Defined in California?

A death is considered “wrongful” under California law when it is caused by the “wrongful act or neglect of another.” This is a legal term that means someone failed to act with reasonable care, and that failure directly resulted in your loved one’s death.

Think of it like the rules of the road. Every driver has a duty to operate their vehicle safely to avoid harming others. If a driver runs a red light and causes a fatal crash, they have breached that duty. Their “neglect” led to the death, which forms the basis of a wrongful death claim.

Our practice focuses on holding the responsible party accountable, no matter how the death occurred. We handle cases arising from:

• Car and Truck Accidents: Including collisions caused by distracted driving, drunk driving, speeding, or trucking company negligence.
• Motorcycle and Bicycle Accidents: Where drivers fail to see or yield to riders.
• Pedestrian Accidents: Frequently occurring in crosswalks or intersections due to driver inattention.
• Premises Liability: When a dangerous property condition, like a lack of security or a slippery floor, leads to a fatal incident.
• Defective Products: If a faulty product, from a vehicle part to a medical device, causes a death.
• Workplace Accidents: In situations where a third party (not the employer) is responsible for the fatal injury.

How Do We Build a Case to Prove Negligence?

Our work begins with a deep, independent investigation into the circumstances of your loved one’s death. We do this to build a factual foundation that can stand up to scrutiny from insurance companies and, if necessary, a jury.

This process typically involves:

• Gathering Official Records: We secure police reports, coroner reports, autopsy results, and any citations issued at the scene.
• Interviewing Witnesses: People who saw what happened can provide firsthand accounts that are invaluable. We locate and interview witnesses to preserve their testimony.
• Consulting with Experts: We work with a network of respected professionals to analyze the evidence. This may include accident reconstructionists who can recreate the incident, or medical experts who can explain the cause of death in detail.
• Documenting Your Losses: We help you collect pay stubs, tax returns, and other financial documents to calculate the full extent of your economic damages. We also work with you to understand and articulate the non-economic impacts on your family.

Our role is to assemble this evidence into a clear and compelling argument that demonstrates why the other party is legally responsible.

Who Is Eligible to File a Wrongful Death Lawsuit in California?

California law is very specific about who has the legal right, or “standing,” to file a wrongful death claim. The law, found in California Code of Civil Procedure § 377.60, establishes a clear order of priority.

First in line are:

• The surviving spouse
• The surviving domestic partner
• Surviving children

If there are no surviving members in that first group, the right to file passes to others who would be entitled to inherit from the deceased’s estate under law. This group might include:

• The deceased’s parents
• The deceased’s siblings

A final category exists for people who were financially dependent on the person who died.

• This could include a stepchild who lived in the household and relied on the deceased for at least half of their financial support.

Determining who has the right to file can become difficult in families with complicated structures. It’s one of the first details we clarify for every family we work with.

What if My Loved One Didn’t Earn an Income?

It is a common misconception that a wrongful death claim has little value if the person who died was a stay-at-home parent, a retiree, or was otherwise not employed. This is incorrect. The law recognizes that a person’s contributions to a family go far beyond a paycheck.

We work with economists and other experts to calculate the monetary value of the work your loved one performed for the household. This includes tasks like:

• Childcare
• Cooking and cleaning
• Home maintenance and repairs
• Managing family finances
• Providing transportation

Replacing these services comes at a real cost. In addition, the largest component of a wrongful death claim is often the non-economic damages—the compensation for the loss of love, support, and companionship. These losses are just as real and just as devastating, regardless of the deceased’s employment status.

What Is the Deadline for Filing a Wrongful Death Claim in Los Angeles?

In the days and weeks after losing a loved one, time can feel distorted. The last thing on your mind is a legal calendar.

California law, however, sets a strict time limit for filing a wrongful death lawsuit. This is known as the statute of limitations. If you miss this deadline, you will likely lose your right to seek compensation forever.

The General Rule

In most situations, a wrongful death claim must be filed within two years of the date of death. This is outlined in California Code of Civil Procedure § 335.1.

Important Exceptions

This two-year clock can be much shorter in certain circumstances.

• Claims Against Government Agencies: If you believe a government entity is responsible—such as the city of Los Angeles for a dangerous road or a public transit authority for a bus crash—you have only six months to file a formal notice of claim and a bus accident lawyer can help ensure the process is completed correctly and on time.
• Medical Malpractice: Wrongful death claims based on the negligence of a healthcare provider have a separate and more complicated set of deadlines.

The surest way to protect your family’s rights is to learn which deadline applies to your case as soon as possible.

A Note on Dealing with Insurance Companies

Soon after your loved one’s passing, you will likely hear from an insurance adjuster representing the at-fault party. They may express sympathy for your loss, but it is helpful to remember that an insurance company is a business. Its primary duty is to its shareholders, not you, which means it must balance paying claims with protecting its financial interests. 

You do not have to handle these conversations by yourself. Having a Los Angeles wrongful death lawyer on your side changes the dynamic.

• Don’t: Provide a recorded statement or sign any documents without speaking to an attorney.
• Do: Direct all communications from the insurance company to your lawyer.

Our function is to manage these interactions for you. We build a case that documents the full scope of your family’s losses and negotiate on your behalf to ensure any settlement is fair and complete.

Securing Your Family’s Future is a Step Toward Healing

Let us answer your questions and provide the guidance you need. A conversation with our team costs nothing and can give you the clarity you are searching for. 

Call Sweet James Accident Attorneys today to speak with a compassionate legal professional at (800) 900-0000.