What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses (like the loss of support and companionship). A survival action is a separate claim filed on behalf of the deceased’s estate to recover damages the deceased themselves could have claimed if they had lived. This can include medical bills from before their death and, in some cases, their pain and suffering. We can help determine if both claims are appropriate in your situation.
Do we have to go to court?
Many wrongful death cases are resolved through negotiation and settlement. However, we prepare every case as if it will go to trial. If the insurance company is unwilling to offer a fair settlement, we are fully prepared to present your case to a judge and jury in a Los Angeles courthouse.
What if my loved one was partially at fault for the accident?
California follows a legal rule known as “pure comparative negligence.” It means your family may still recover compensation even if your loved one was partially to blame. The compensation award would simply be reduced by their percentage of fault. For instance, if your loved one were found 10% at fault, the total award would be reduced by 10%.
How long will the process take?
The timeline for a wrongful death claim varies depending on the specifics of the case. A straightforward case with clear liability might be resolved in several months, while a more disputed case that requires a full investigation and expert testimony could take a year or more. Our goal is always to resolve the case as efficiently as possible without compromising the value of your claim.
