Wrongful Death FAQ: California Wrongful Death Questions Explained

What is a Wrongful Death

Wrongful death is defined as the death of a person by someone who is liable but did not directly and deliberately cause the death of that individual.   Usually, a wrongful death claim is characterized as the “the negligence of another leading to death”.  A wrongful death claim in common law jurisdiction has been specifically made due to a loophole where a person cannot file a lawsuit if he or she is technically dead. Under California Law who is eligible to  receive compensation in the case of a death of another. California CODE OF CIVIL PROCEDURE  SECTION 377.60-377.62 states,

“ A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of thefollowing persons or by the decedent’s personal representative on their behalf: The decedent’s surviving spouse or domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.” 

Is there a Public disclosure requirement for a Wrongful Death settlement or compensation after a trial?

Public disclosure of a settlement is not required.   A settlement between parties can included a nin disclosure agreement between the parties where both agree not to release any information regarding the settlement of the case.  This contractual agreement will keep confidential information away prom the public including the amount of the settlement.

What are some common wrongful death cases in California?

Wrongful death actions may be possible in any number of tort claims, some of the most prevalent typed of case are below.

• Medical Malpractice Claim
• Fatal Car Accidents:  Particularly Lethal accidents like Head on Collisions, Truck Accidents and Motorcycle accidents.
• Harmful Criminal Actions:  Including, Assault and Battery, Assault with a Deadly Weapon, and Felony DUI.
• Employment-Work Accidents:  Such as Work-Related Exposure to Dangerous Toxic Material, and Construction site accidents.
• Boating and Airplane Accidents
• Defective Products
• Exposure to Dangerous Chemicals

What are the Fees for a Wrongful Death Attorney?

Our wrongful death cases are taken in a contingency fee basis. That means if there is No Recovery then we don’t get paid.  The contingency fee is a percentage of the total compensation received for a wrongful death action.  Our contingency fees for Wrongful Death vary based on the complexities and special circumstances which are present in each case.

Do I need an attorney for wrongful death lawsuit?

Most likely you will require a skilled personal injury lawyer to peruse a wrongful death claim.  Very often, Wrongful death cases involve a complex set of laws, evidence, and legal procedures. A skilled attorney adept in aggressively perusing your wrongful death claim is likely to maximize the amount received in compensation from defendants and their insurance carriers.

Wrongful death and Statute of Limitations in California

The California, the statute of limitations varies based on the specific kind of claim.  In most instances however, a claim must be filed within 2 years of the date of death. In the case of medical malpractice, the statute of limitations may be reduced to one year.  If your loves one has died within the past year and you wish to peruse a Wrongful Death Claim we advise you to contact a Wrongful Death Attorney as soon an possible so that you can make sure the statute of limitations to file a claim has not passed.

How Can Downtown LA Law Help?

Seeking vindication of your rights is our job.  We will hold liable those responsible including, manufactures for defective products, car and truck drivers, and employers. Our aggressive and tenacious LA Wrongful Death Lawyers will keep on the offensive until they you been fully compensated for your loved ones untimely death.  We will go to trial and take on liable parties and their insurance carriers’ so that your rights are protected.

Contact Us If you like to speak to a Los Angeles Wrongful Death Lawyer and discuss such matters contact us at (855) 385-2529: We’ll take the necessary legal actions to make your wrongful death claim successful.  All our Initial Consultations are completely FREE OF CHARGE to our clients. Remember– it is crucial to act quickly after a loved one has been killed before any limitations can lower or extinguish a rightful claim. Call us for a free consultation (855) 339-8879