Los Angeles Wrongful Death Lawyer
Losing a family member because of someone else’s negligence is devastating. The legal process that follows should not add to that burden, but without guidance it often does. Insurance companies contact surviving family members within days, offering fast settlements before the family understands what California law actually allows them to recover. Wrongful death cases in Los Angeles involve two distinct legal claims that can run simultaneously, and most families file only one, leaving significant compensation unclaimed. Pedram Law has recovered $500,000 in a wrongful death case and represents families across Los Angeles County on a contingency basis. No fees unless we win. Free case evaluation.
Whether the death resulted from a crash on the 101, a medical error at Cedars-Sinai, a workplace incident at a construction site in Downtown LA, or a fatal fall on someone’s property in Silver Lake, California law gives surviving family members the right to pursue full compensation. The most important step is calling early, before evidence disappears and before the at-fault party’s insurer frames the narrative.
Two Claims Most LA Families Don’t Know They Have
California recognizes two separate legal claims arising from the same death. Filing only one is one of the most common and most expensive mistakes families make.
The wrongful death claim under California Code of Civil Procedure Section 377.60 compensates surviving family members for their own losses: lost financial support, loss of companionship and guidance, funeral expenses, and loss of the relationship with the deceased. This claim belongs to the surviving family members.
The survival action under California Code of Civil Procedure Section 377.30 is brought on behalf of the deceased’s estate. It recovers what the deceased could have recovered if they had survived: medical expenses incurred between the injury and death, lost wages during that period, pain and suffering before death where it was not instantaneous, and in many cases punitive damages where the conduct was egregious.
Both claims can and should be filed together where applicable. The wrongful death claim compensates the family. The survival action compensates the estate. An experienced Los Angeles wrongful death attorney files both, coordinates the beneficiary structure, and ensures the full scope of what California law allows is pursued.
California wrongful death law recognizes two distinct claims with different beneficiaries, different damages, and different procedural requirements. An attorney who handles wrongful death cases across California coordinates both from the start.
Who Can File a Wrongful Death Claim in Los Angeles
California Code of Civil Procedure Section 377.60 specifies who may bring a wrongful death claim. The list is narrower than most families assume.
- Surviving spouse or registered domestic partner
- Children of the deceased, including adopted children
- Parents of the deceased, when no surviving spouse or children exist
- Siblings or other heirs entitled under California intestate succession in limited circumstances
- Putative spouses and financially dependent minors who lived with the deceased
Domestic partner eligibility requires proof of financial dependence or cohabitation. The analysis of who has standing is specific to each family’s circumstances and is one of the first issues Pedram Law addresses at the consultation.
Critical Deadlines for Los Angeles Wrongful Death Cases
Two deadlines apply in Los Angeles wrongful death cases, and missing either one permanently bars the case.
Standard deadline. Under California Code of Civil Procedure Section 335.1, wrongful death claims must be filed within two years from the date of death. This applies to cases against private parties including negligent drivers, property owners, businesses, and medical providers.
Government entity deadline. If the death involved an LA Metro vehicle, an LAPD or LAFD vehicle responding to a call, an LA County employee acting in the course of their duties, an LAUSD school district employee, or any other government entity, you have six months to file an administrative claim under California Government Code Section 911.2. This shorter deadline applies regardless of how serious the underlying facts are. Many families do not realize a government entity was involved until an attorney reviews the circumstances. If there is any possibility a government vehicle or employee contributed to the death, call immediately.
Why Wrongful Death Cases in Los Angeles Are Legally Complex
Los Angeles wrongful death litigation involves complications that do not appear in standard personal injury cases.
Multiple liable parties. A single death in LA may involve the direct tortfeasor, their employer if the death happened during work, a vehicle manufacturer if a defect contributed, a property owner, a government entity, a medical provider who treated the victim after the initial injury, and in some cases a pharmaceutical manufacturer. Each party carries separate insurance, separate counsel, and separate motivation to shift blame to the others.
Dual-claim coordination. Wrongful death and survival actions are different claims with different beneficiaries, different damages, and different procedural requirements. Coordinating both requires a clear structure from the start. Insurers sometimes approach individual family members separately to fracture the case and reduce overall exposure. A coordinated legal representation prevents that.
Medical causation disputes. When a death follows a period of medical treatment, defense teams argue the death was caused by underlying conditions or complications of treatment rather than the negligent act. Establishing the causal link between the wrongful conduct and the death requires medical experts and in many cases forensic pathology testimony.
Stanley Mosk Courthouse dynamics. Los Angeles Superior Court handles the largest civil docket in the country. Trial dates push out years in serious cases. Insurance carriers count on that delay to pressure grieving families into accepting less than full value. Pedram Law prepares every wrongful death case as if it will go before a Stanley Mosk jury, which changes how insurers respond at the negotiation table.
What to Do After a Wrongful Death in Los Angeles
- Preserve evidence from the incident immediately. Police reports, surveillance footage, medical records, autopsy reports, and any communications from the responsible party or their insurer. In vehicle cases, preserve the involved vehicles. In workplace cases, preserve any defective equipment or product.
- Do not give recorded statements to any insurer. The at-fault party’s insurer will call quickly, sound sympathetic, and ask about the deceased’s life and the family’s circumstances. Anything said in those conversations will be used to reduce the claim.
- Do not accept early settlement offers. Wrongful death damages take months to fully document. Once family members sign a release, the claim is permanently closed.
- Identify all potential beneficiaries. All family members who may have standing under CCP Section 377.60 should be identified before any legal action is taken. Acting alone without coordinating other entitled beneficiaries creates problems later.
- Identify whether a government entity was involved. Any connection to LA Metro, LAPD, LAFD, LA County, LAUSD, or any other public entity triggers the six-month administrative claim deadline. Do not wait to confirm government involvement before calling an attorney.
- Contact a Los Angeles wrongful death lawyer as soon as the family is able. Evidence preservation, witness interviews, and government claim deadlines all run on short timelines. The sooner an attorney can act, the stronger the case.
Compensation Available to Los Angeles Wrongful Death Families
Wrongful death damages recoverable by surviving family members include lost financial support the deceased would have provided, loss of household services, funeral and burial expenses, loss of love and companionship, loss of guidance and moral support for surviving children, and loss of consortium for a surviving spouse or domestic partner.
Survival action damages recoverable by the estate include medical expenses incurred between the injury and death, lost wages during that period, pain and suffering before death where it was not instantaneous, and punitive damages where the conduct was egregious.
Pedram Law has recovered $500,000 in a wrongful death case, $1,000,000 in a slip and fall, and $600,000 in a car accident matter. Every wrongful death case turns on the specific facts, the surviving family structure, the deceased’s earning history, and the conduct of the responsible parties. What stays consistent is the approach: full documentation, coordinated beneficiary representation, and trial readiness.
Why Los Angeles Families Choose Pedram Law
Nima Pedram and Silvia Gonzalez represent wrongful death families across Los Angeles County with a specific approach. They identify every entitled beneficiary, file both the wrongful death claim and the survival action where applicable, coordinate representation across all family members so insurers cannot fracture the case, and prepare for trial at Stanley Mosk Courthouse when settlement negotiations stall.
Silvia Gonzalez represents Spanish-speaking clients regularly and brings specific strength to cases involving families navigating California’s legal system for the first time. The firm handles wrongful death cases on contingency. No fees unless we win. Free case evaluation.
Frequently Asked Questions
How long do I have to file a wrongful death claim in Los Angeles?
Two years from the date of death under California Code of Civil Procedure Section 335.1 for claims against private parties. Six months if a government entity was involved, including LA Metro, LAPD, LAFD, LA County employees, or LAUSD, under the Government Claims Act. Missing the six-month deadline permanently bars the government portion of the case. Call immediately if any government entity may be involved.
What is the difference between a wrongful death claim and a survival action in California?
A wrongful death claim under CCP Section 377.60 compensates surviving family members for their own losses including lost financial support, companionship, and funeral expenses. A survival action under CCP Section 377.30 is brought on behalf of the estate and recovers what the deceased could have recovered if they had survived, including pre-death medical expenses, lost wages, pain and suffering, and in some cases punitive damages. Both can and should be filed together where applicable. Filing only one leaves significant compensation unclaimed.
What if a government vehicle or employee contributed to the death in Los Angeles?
You have six months to file an administrative claim with the responsible government entity under California Government Code Section 911.2. This applies to LA Metro buses and trains, LAPD and LAFD vehicles, LA County employees, LAUSD employees, and any other public entity. Missing this deadline permanently bars the government portion of the case. Many families do not realize a government entity was involved until an attorney reviews the facts. Call as soon as possible.
Who can file a wrongful death claim in California?
Surviving spouse or registered domestic partner, children of the deceased, parents if no surviving spouse or children exist, and in limited circumstances siblings or other heirs under California intestate succession. Putative spouses and financially dependent minors who lived with the deceased may also qualify. The analysis is specific to each family’s circumstances and is addressed at the initial consultation.
How much does it cost to hire a wrongful death lawyer at Pedram Law in Los Angeles?
Nothing upfront. Pedram Law handles Los Angeles wrongful death cases on contingency. You pay no attorney fees unless we recover compensation for the family. The initial case evaluation is free.
What if the death involved a crash on a Los Angeles freeway or surface street?
Motor vehicle wrongful death cases in LA follow the same two-claim framework. If the crash involved a government vehicle, the six-month deadline applies. If the crash involved a commercial truck, FMCSA regulations and multiple corporate defendants apply. If a rideshare vehicle was involved, the three-tier insurance framework under California Public Utilities Code Section 5432 applies. Pedram Law identifies every liable party and every available insurance policy on every case.
Serving Wrongful Death Families Across Los Angeles
Pedram Law represents wrongful death families throughout Los Angeles County, including Downtown LA, Hollywood, Silver Lake, East Los Angeles, Koreatown, Westwood, Culver City, Inglewood, Compton, the San Fernando Valley, and the San Gabriel Valley.
Pedram Law, PC
8383 Wilshire Blvd, Suite 1024
Beverly Hills, CA 90211
(844) 344-4444
If your family lost a loved one due to someone else’s negligence anywhere in Los Angeles County, Pedram Law is ready to evaluate the case at no cost, identify every deadline that applies, and coordinate the full scope of what California law allows your family to recover. Free case evaluation. No fees unless we win.
This content has been reviewed by the attorneys at Pedram Law, PC, licensed to practice law in the State of California.
Attorney Advertising. Prior results do not guarantee a similar outcome. This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.
