The loss of a loved one due to another party’s negligence is heartbreaking. At Ellis Law, we understand you need time to grieve and care for yourself and your family. However, at some point, it’s wise to start looking into contacting an attorney to see if you have a valid legal claim. We can focus on obtaining compensation and justice for your loved one through a California wrongful death lawsuit, allowing you and your family the opportunity to grieve and recover from your loss.
Contact Ellis Law’s wrongful death attorneys to review the facts of your loved one’s case. We offer a free consultation, so there is no cost or risk to you and your family. Our compassionate team will make the process as stress-free as possible for you.
Handling Wrongful Death Claims in Los Angeles and Throughout Southern California
Ellis Law proudly represents families throughout Southern California, including Los Angeles, Anaheim, Bakersfield, Diamond Bar, El Segundo, Irvine, and Long Beach. Our experienced legal team is here to help. With a deep understanding of California wrongful death law and a commitment to personalized service, we stand ready to fight for justice on behalf of grieving families.
Verdicts & Settlements
Real Results for Los Angeles Injury Victims
Millions recovered for the loved ones of those killed in fatal accidents across California.
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Read MoreWhat Is a Wrongful Death Under California Law?
Under California law, a wrongful death occurs when an individual dies as a direct result of the negligent, reckless, or intentional act of another person, business, or entity. This civil cause of action allows certain surviving family members or representatives of the deceased’s estate to seek compensation for losses resulting from the death, including financial support, companionship, and funeral expenses.
To prevail in a wrongful death claim under California law, the plaintiff must establish the following four elements of negligence:
- Duty of Care: The defendant owed a legal duty to exercise reasonable care toward the decedent. For instance, in motor vehicle collisions, all drivers have a duty to operate their vehicles lawfully and safely to prevent foreseeable harm to others.
- Breach of Duty: The defendant breached that duty through negligent conduct, reckless behavior, or intentional misconduct that fell below the standard of care expected under the circumstances.
- Causation: The defendant’s breach was a substantial factor in bringing about the decedent’s death. This includes both actual cause and proximate cause, meaning the death would not have occurred but for the defendant’s conduct, and that the harm was a foreseeable result of that conduct.
- Damages: The decedent’s surviving heirs or legal representatives sustained legally compensable losses as a result of the death.
A thorough and well-supported presentation of each element is essential to holding the responsible party legally accountable and securing justice for the surviving family.
Who Can File a Wrongful Death Claim in California?
In California, there are specific parties eligible to file a wrongful death claim:
- The deceased person’s surviving spouse;
- The deceased person’s domestic partner; and
- The deceased person’s surviving children
If financially dependent on the deceased and able to prove it, the following can also bring a wrongful death lawsuit in California:
- The surviving alleged spouse and children of the alleged spouse;
- The surviving stepchildren;
- The surviving parents of the deceased.
If none of the above are living, a wrongful death claim is available to anyone “who would be entitled to the property of the decedent by intestate succession,” such as the deceased person’s siblings.
For more information about California intestate succession and eligibility to file a wrongful death claim, it is wise to contact an experienced wrongful death attorney.
Common Causes of Wrongful Deaths
A wrongful death claim can arise from any act of negligence, carelessness, or wrongdoing. In California, some of the most common causes include:
- Car accidents: Reckless behavior behind the wheel comes in many forms, from distracted driving to speeding and driving under the influence of alcohol or drugs. All of these can lead to fatal crashes.
- Medical malpractice: Misdiagnoses, surgical errors, and medication mistakes are among the most common causes of preventable deaths in hospitals or clinics.
- Workplace accidents: Workplace dangers include falls from heights, heavy equipment accidents, and scaffold collapses. In some cases, deaths on the job are the direct result of negligence on the part of a property owner, contractor, or employer.
- Defective products: Unsafe consumer goods, auto parts, and machinery can cause fatal harm if they malfunction or lack proper warnings.
- Premises liability: When property owners fail to keep their premises safe, fatal accidents can result from slip and falls and other hazards.
- Intentional Acts of Violence: In some cases, wrongful deaths arise from intentional acts of malice. Assault, homicide, and other violent crimes can form the basis of a wrongful death claim in California.
Note: A wrongful death lawsuit is a civil proceeding separate from a criminal prosecution.
The Difference a Los Angeles Wrongful Death Lawyer Can Make
If you find the idea of pursuing a wrongful death claim overwhelming, remember this: You don’t have to face the process alone.
A wrongful death attorney in Los Angeles can provide the support and legal knowledge needed to guide you through this complex and emotionally charged process. From investigating the cause of death to managing legal filings and fighting for accountability, your attorney serves as both a compassionate legal guide and a strong ally in seeking a fair outcome.
Investigating the Circumstances of the Death
A thorough investigation into the circumstances surrounding the fatal incident is essential to the success of any wrongful death claim. An experienced attorney will gather and evaluate all relevant evidence, such as witness statements, medical records, expert opinions, and accident reports, to determine whether the death resulted from negligence, recklessness, or intentional misconduct.
Establishing legal liability can be complex, particularly in cases involving multiple defendants or disputed facts. A skilled wrongful death lawyer understands how to identify potentially liable parties, frame the appropriate legal theories, and preserve critical evidence. This investigative process is vital to proving causation and fault, and to providing surviving family members with a clear understanding of the events that led to their loss.
Handling Insurance Companies and Legal Filings
Following a wrongful death, surviving family members may be approached by insurance representatives seeking to resolve claims quickly and for minimal compensation. It is important not to provide statements or accept settlement offers without first consulting legal counsel.
An experienced Los Angeles wrongful death attorney can manage all communications with insurers, protect your legal rights, and ensure you are not coerced into accepting a settlement that does not reflect the full extent of your losses.
Legal counsel will also ensure that all necessary filings are completed accurately and within the applicable statutory deadlines. In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the decedent’s death.
Fighting for Fair Compensation on Behalf of the Family
One of the most important roles a wrongful death attorney plays is advocating for fair compensation on your family’s behalf. This is not just about financial recovery, it’s also about accountability and justice. Your lawyer will push back against efforts to undervalue your claim, whether in settlement negotiations or the courtroom, and ensure your family’s voice is heard.
Pursuing a wrongful death claim is emotionally and legally challenging. Having a dedicated advocate by your side means you don’t have to go through this alone. A skilled Los Angeles wrongful death attorney will fight tirelessly to secure a resolution that honors your loved one’s memory and provides the support your family needs to move forward.
Compensation in Wrongful Death Claims
For grieving families, no amount of compensation can ever make up for the loss of a loved one. However, a settlement or monetary award can provide a sense of justice, closure, and the financial resources you need to rebuild your lives.
In California, the following compensation may be available in a wrongful death claim:
Economic Damages
Economic damages are meant to cover the financial losses resulting from your loved one’s death. These are tangible, measurable losses, and typically include:
- Loss of financial support that the deceased would have contributed to the family, based on their expected earnings.
- Funeral and burial expenses.
- Loss of household services, such as childcare, home maintenance, or caregiving, that the deceased provided.
- Loss of benefits, including health insurance, pensions, or other employment-related benefits.
Calculating economic damages often requires the input of economists or financial experts who can project long-term financial losses based on factors such as the decedent’s age and occupation. The painstaking effort we put into wrongful death claims ensures that no factor is overlooked in calculating this much-needed compensation.
Non-Economic Damages
Non-economic damages compensate surviving family members for the intangible, non-financial losses they experience as a result of the decedent’s death. Although these losses are not easily quantifiable, they are legally recognized and may be substantial:
- Loss of companionship, love, and emotional support experienced by a surviving spouse or registered domestic partner.
- Loss of guidance, care, and nurturing for minor children who depended on the decedent for parental support.
- Loss of the decedent’s love, companionship, emotional support, and the shared experiences that made up your relationship.
California generally does not limit the amount of non-economic damages that may be awarded in wrongful death cases, except in claims arising from medical malpractice, where statutory caps apply. The value of non-economic damages can vary significantly based on the specific facts of the case, the nature of the relationships involved, and the strength of the evidence presented.
For these reasons, retaining an experienced wrongful death attorney in Los Angeles is essential to effectively presenting your claim and maximizing your potential recovery.
Common Challenges in Wrongful Death Claims and How We Overcome Them
While grieving families should have the time and space to heal, they are often confronted with legal and financial matters that require immediate attention. At Ellis Law, with nearly 30 years of experience, we are well-versed in navigating these challenges and advocating for families with care and compassion.
A frequent obstacle is disputed liability. Defendants often deny responsibility, attempt to shift blame, or argue that the death was accidental and not the result of negligence. To counter these claims, we conduct comprehensive investigations, consult with leading experts, including medical professionals and accident reconstructionists, and build compelling, evidence-based arguments to establish fault.
Other common challenges families face include:
- Insufficient or missing evidence, particularly in cases where the fatal incident occurred suddenly or without witnesses or documentation.
- Insurance companies offering inadequate, early settlements, which may undervalue the claim and pressure families into forfeiting their rights.
- Procedural complexities, including strict filing deadlines, evidentiary standards, and legal requirements unfamiliar to most individuals.
- Intra-family disputes regarding who has legal standing to file a claim or how compensation should be distributed among eligible parties.
We employ a full range of legal strategies to address these challenges, from expert testimony to strategic litigation and skilled negotiation. Equally important, we prioritize client communication so you are informed and empowered throughout the legal process.
Why Families Trust Ellis Law for Their Wrongful Death Case
When families face the unimaginable pain of losing a loved one due to someone else’s negligence, they need more than just legal representation; they need compassion, experience, and results.
We have built a strong reputation for delivering justice. Our 98% success rate speaks to our commitment to each case, while our track record of recovering over $750+ million demonstrates our skill and resources to take on powerful defendants and win.
While we are proud of our record, we believe our unparalleled personal attention truly sets us apart. At our firm, every client is treated with the utmost respect, and we work hard to make sure families never feel like just another case file.
Our attorneys and staff understand that beneath every wrongful death claim lies a deep well of emotional loss. This is why we take the time to listen, support, and guide our clients through every stage of the legal process.
Trial Experience When It Is Needed the Most
While many wrongful death claims resolve through settlement, not all defendants accept responsibility, and some offers may undervalue the full extent of a family’s losses. In such situations, the ability to litigate effectively in court becomes crucial.
At Ellis Law, our attorneys have a proven record of trying complex wrongful death and personal injury cases across Southern California. We excel at crafting persuasive legal arguments, cross-examining expert witnesses, and presenting compelling evidence to juries.
Our firm is recognized by both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum — prestigious honors awarded to attorneys who secure substantial verdicts or settlements. Insurance companies and corporate defendants are far more likely to offer fair compensation when they know your legal team is fully prepared to take your case to trial.
What Is a Survival Action?
In addition to a wrongful death claim, California law allows the decedent’s estate to bring a survival action. While a wrongful death claim seeks to compensate surviving family members for their personal losses, a survival action enables the estate to recover damages the decedent could have pursued had they lived. These may include medical expenses, lost wages, and property damage incurred between the wrongful act and the time of death.
A survival action is permitted if the decedent survived the wrongful act for any length of time, however brief. Even momentary survival after the injury is sufficient to establish the legal basis for a claim. Punitive damages, which are not available in California wrongful death claims, may be recoverable through a survival action if the defendant’s conduct was particularly egregious.
Statute of Limitations
The deadline for filing a survival action in California is based on whichever of the two dates is later: two years from the date of the wrongful act that caused the fatal injury, or six months from the date of the decedent’s death. This allows the estate some flexibility, particularly in cases where death does not occur immediately after the incident.
In many cases, a survival action is filed in conjunction with a wrongful death claim, allowing both the estate and surviving family members to seek the full range of damages permitted under California law.
While these are distinct legal actions, they are often litigated together in the same lawsuit to streamline proceedings and ensure comprehensive recovery..
Contact Ellis Law for Your Los Angeles Wrongful Death Claim: Schedule a Free Consultation
If you would like to learn more about wrongful death claims in California, contact the experienced Los Angeles personal injury attorneys at Ellis Law for a free consultation. Our legal team will carefully review your loved one’s case, provide clear answers to your questions, and address any concerns you may have so that you can move forward with greater confidence and peace of mind.
At Ellis Law, we want to help you and your family hold any negligent parties accountable for the death of your loved one and secure the compensation you need to continue with your lives as comfortably as possible. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your loss.
Attorney Spotlight
Andrew Ellis, Esq.
Founding Partner
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We have clients where generations come back. This has been going on for 33 years. I’ve got a client where the grandmother was my first client 29 years ago. We’ve since been called upon to help the daughter, the granddaughter, the son, the husband. I currently represent the granddaughter — who is old enough to vote.
