Losing a loved one is always a tragic, painful experience, made worse when that death was at the hands of another person’s negligence and could have been avoided. If you lost a loved one at the hands of another’s negligence in California, turn to the experienced personal injury professionals at MI ABOGADO®. We will fight to hold those at fault accountable for their wrongdoings and get justice for your family.
The Los Angeles personal injury law firm MI ABOGADO® has represented nearly 300,000 clients like you in their personal injury and wrongful death claims, with a 96% success rate. We also understand that, following a devastating loss, grieving families shouldn’t have to lose anything more to protect their loved ones’ legacies and their futures. That’s why we don’t ask for any fees upfront and take every case on a contingency basis.
In short, we don’t get paid unless you see rightful compensation. It is our mission to maximize your settlement and help you see justice for your loss.
What Is Wrongful Death in California?
Closely related to personal injury law, wrongful death occurs when a person is killed as the result of negligence, product liability, or malice on the part of another person. The causes of wrongful deaths are expansive and run the gamut of the field of personal injury law and beyond.
- Car accidents, including rideshare accidents and drunk driving accidents
- Truck accidents
- Motorcycle accidents
- Transport accidents such as bus accidents, train accidents, boat accidents, and airplane accidents
- Pedestrian, scooter, and bicycle accidents
- Medical malpractice
- Products liability
- Premises liability accidents such as slip and fall accidents
- Workplace accidents, including construction accidents
Families are also able to file a wrongful death claim in civil court following an intentional, reckless, or malicious killing when criminal proceedings do not adequately address the full extent of their losses.
Who Can File a Wrongful Death Claim in California and When Does it Need to be Filed?
Under California law, a wrongful death claim can be brought by the victim’s spouse, domestic partner, children, or other dependents. If the children or dependents are minors, a court-appointed guardian can bring the claim on their behalf. If the victim did not have a spouse, partner, child, or dependent, other relatives can bring a wrongful death claim such as parents, legal guardians, or siblings. The law in this area can be complex, so it’s important to consult with an experienced wrongful death attorney to decide which loved one is best situated to bring forth a wrongful death claim.
When Does a Wrongful Death Claim Need to Be Filed?
The statute of limitations, or lawsuit filing deadline, for wrongful death claims in California is two years from the time their loved one died or two years from the time the death was discovered. In wrongful death cases involving medical malpractice, the statute of limitations allows for suits to be brought three years from the date of their loved one’s death or one year from the date they discovered the death was due to medical negligence.
What Damages Are Available in Wrongful Death Claims?
Every wrongful death claim is unique, so it’s difficult to accurately estimate the types and potential amount of damages that can be awarded. Many factors affect wrongful death settlements, such as the age and health of the victim, their profession and earning potential, and the number of people who financially depended on the victim.
Some commonly awarded damages in wrongful death cases include:
- Any medical costs the victim incurred as a result of the fatal injuries
- Burial and funeral expenses for the victim
- Lost wages the victim was earning
- Future income the victim would have continued to earn
- The value of the support the victim provided such as health insurance, retirement benefits, pensions, and the like.
- Loss of parental guidance, nurturing, and education for the victim’s children
- Loss of or reduction of inheritance from the victim
- Pain and suffering the victim endured before their passing
- Loss of consortium for the victim’s spouse
- Emotional stress on the part of the surviving loved ones
How California Personal Injury Law Firm MI ABOGADO® Can Help You Get Justice
With over a quarter of a million clients served, a 96% success rate, and millions recovered for clients just like you, the team at MI ABOGADO® is skilled in the field of personal injury and wrongful death law, and we have been recognized by many prestigious organizations for our accomplishments.
We understand that, following a devastating loss, the last thing you need or want to do is deal with uncooperative insurance companies and legal counsel. You already have enough on your mind. That’s why, at MI ABOGADO®, we make it our mission to take care of everything else, alleviating some of that unbearable burden. We offer timely, responsive, and effective advocacy and advice, and we will fight relentlessly for the maximum possible settlement.
Who MI ABOGADO® Is
Founding Attorney Javaheri worked at big law firms and saw firsthand the lack of access clients had to the people they were trusting in their most sensitive and vulnerable moments. Clients were speaking with case managers, non-lawyer professionals who are trained more in customer service than actual law, and the work was assigned to paralegals and inexperienced associates with minimal oversight. That’s why Attorney Javaheri founded MI ABOGADO®, a boutique law firm, where he limits the number of active cases to ensure that he is available to every client. Bigger isn’t always better. Better service is better.
Our comprehensive wrongful death services begin with an in-depth investigation of the circumstances surrounding your loved one’s passing. We will collect evidence, interview witnesses, and pinpoint who needs to be held accountable for their negligence. From there, we will build the strongest possible case, tailored to your unique circumstances, to maximize what you can recover.
Our goal when negotiations begin is to secure a just settlement, to save you the grief, stress, and uncertainty associated with trial. We will fight the lawyers and insurance companies aggressively, but if we can’t reach a settlement that addresses the full extent of your loss, we are prepared to take your case to trial so you can see justice and rightful compensation.
Contact Our Experienced Los Angeles Wrongful Death Attorney Today
The experienced personal injury and wrongful death team at MI ABOGADO® understands that no amount of money can ever repair the hole in your heart after losing a loved one. There’s nothing anyone can do to fully address the magnitude of your loss. However, it is your right to hold those at fault accountable for their actions and seek justice. We will fight for the maximum possible settlement to help you secure your future, your family’s future, and protect your loved one’s legacy as you navigate life in the wake of such a tragedy.
MI ABOGADO® proudly serves clients across the state of California from our home office in Los Angeles. We have implemented sophisticated technology and have an expansive network of trusted professionals and expert witnesses across the state, allowing us to serve clients from San Diego to San Jose.
Losing a loved one unexpectedly leaves an incredible financial burden on their families. Because of that, MI ABOGADO® is proud to say that we don’t take a single penny from our clients upfront. You shouldn’t have to be burdened with attorney’s fees when trying to get justice for your loss. We don’t get paid until you receive your rightful settlement, and that’s a guarantee. Additionally, we offer free and confidential consultations and second opinions. Contact us today so we can get started fighting for you, your family, and your loved one’s legacy.
Frequently Asked Questions
What is considered wrongful death in California?
In California, a wrongful death is defined as a death that occurs as a result of the negligence, wrongful act, or omission of another person or entity. This can include a wide range of situations, such as car accidents, medical malpractice, workplace accidents, or defective products. A wrongful death claim is a civil lawsuit that seeks compensation for the survivors and beneficiaries of the deceased individual.
Who is entitled to wrongful death benefits in California?
In California, the following parties may be eligible to file a wrongful death claim and receive compensation:
- The deceased person’s surviving spouse or domestic partner.
- The deceased person’s surviving children.
- If there is no surviving spouse, domestic partner, or children, the deceased person’s parents, siblings, or other relatives who were financially dependent on the deceased individual may be eligible.
- A personal representative of the deceased person’s estate.
What are the most common causes of wrongful death?
Wrongful death can result from various causes, with some of the most common being:
- Motor vehicle accidents, including car, motorcycle, and truck collisions.
- Medical malpractice, such as misdiagnosis, surgical errors, or medication mistakes.
- Workplace accidents, particularly in high-risk industries like construction or manufacturing.
- Defective products, including faulty vehicles, appliances, or medical devices.
- Premises liability accidents, such as slip and falls or inadequate security measures.
Do I need an attorney to file a wrongful death lawsuit?
While it is not legally required to have an attorney for a wrongful death claim, hiring an experienced wrongful death attorney is highly recommended. Wrongful death cases can be complex and challenging to navigate, particularly when dealing with insurance companies and opposing counsel. An attorney can help you understand your rights, gather evidence, and negotiate or litigate on your behalf to secure the best possible outcome for your claim.
How long do I have to bring my wrongful death claim?
In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. However, there are exceptions to this rule, such as cases involving medical malpractice, government entities, or other specific circumstances. Failure to file a claim within the specified time frame may result in losing your right to pursue compensation. It is crucial to consult with a wrongful death attorney as soon as possible to ensure you do not miss any critical deadlines.