Los Angeles Wrongful Death Lawsuit Step by Step

When somebody dies in an accident, a Los Angeles wrongful death lawsuit can provide a path to justice and compensation for the surviving family members. If you believe someone else’s negligence caused your loved one’s death, it’s important to understand the steps involved in this type of lawsuit. Wrongful death lawyers California can represent families and other survivors of fatal victims in these complex lawsuits. 

Wrongful death occurs when the negligence or intentional misconduct of another causes a person’s death. This can happen for various reasons, including car or truck accidents, premises liability, dog bites, or even slips and falls in public places. If you lost a loved one and seek representation to start a lawsuit, call Broadway Law Firm at (866) 845-1350.

Los Angeles Wrongful Death Lawsuit Process, Step-by-Step

Consultation with a Wrongful Death Lawyer

The first and most crucial step is to consult with an experienced wrongful death attorney. They will assess the merits of your case, explain the legal process, and guide you through the complexities of the lawsuit. An attorney will also handle the overwhelming paperwork and legal procedures, allowing you to focus on grieving.

Investigation and Evidence Gathering

Your attorney will thoroughly investigate the circumstances surrounding your loved one’s death. This involves gathering evidence such as medical records, police reports, witness statements, and accident reconstruction reports. The goal is to establish negligence or wrongdoing on the part of the responsible party.   

Determining the Claimants

California law specifies who can bring a wrongful death lawsuit. Typically, it includes the surviving spouse, children, and dependent parents. Your attorney will help determine who is eligible to file the claim.   

Calculating Damages

Damages in a wrongful death lawsuit are designed to compensate the surviving family for their losses. These damages can be categorized into two main types:   

• Economic Damages: This includes tangible financial losses such as lost wages, medical expenses, funeral costs, and loss of support.   
• Non-Economic Damages: These are more subjective and focus on the emotional and psychological pain and suffering experienced by the surviving family members.

Filing the Lawsuit

Once the investigation is complete and the evidence is gathered, your attorney will file a wrongful death lawsuit in the appropriate court. The lawsuit outlines the allegations against the defendant and seeks compensation for the damages suffered by the surviving family.   

Discovery Phase

The discovery phase involves both parties exchanging information and evidence. This process can include depositions, interrogatories, and requests for documents. The goal is to gather all relevant information before the trial.   

Settlement Negotiations

Many wrongful death cases are resolved through settlement negotiations. Your attorney will work to negotiate a fair settlement with the defendant’s insurance company. The case will proceed to trial if a settlement cannot be reached.   

Trial

During a trial, your attorney will present evidence and argue your case before a judge or jury. The goal is to convince the jury that the defendant is responsible for your loved one’s death and to award appropriate damages.

Appeal

If you are dissatisfied with the trial’s outcome, you may have the option to appeal the decision. This process involves filing a formal request to a higher court to review the case.

Time Limits to File a Wrongful Death Lawsuit

One of the most critical aspects of a wrongful death lawsuit is understanding the statute of limitations. This is the legal timeframe within which a lawsuit must be filed. In California, the general rule for wrongful death cases is that the lawsuit must be initiated within two years from the date of the victim’s death.   

Keep in mind that this is the standard timeframe for most wrongful death cases. Missing the deadline can result in the dismissal of the case, regardless of the merits of the claim. Unlike some other types of cases, there are typically no exceptions to the two-year limitation period for wrongful death.

Timeline for Wrongful Death Lawsuits Against Government Entities

A government entity can be responsible for wrongful death if, for example, a police dog attacks and kills somebody innocent or a mail truck driven by a negligent driver hits and kills a pedestrian. In any of those cases, the legal process becomes more complex due to specific laws and procedures designed to protect government agencies.   

Claims against government entities must be filed within six months of the incident. Before filing a lawsuit, a formal claim must be presented to the government agency involved. This claim outlines the damages sought and provides the government with an opportunity to investigate and potentially resolve the matter without litigation.

Government entities often have immunity from lawsuits. However, there are exceptions, such as when the government or its employees acted negligently or recklessly. Overcoming sovereign immunity requires a strong legal argument and substantial evidence.

Wrongful Death Lawyers in California with Experience

Broadway Law Firm stands out from most of the personal injury law firms in California because we combine aggressive representation and human, empathic treatment of our clients. We understand your suffering and know you’re going through a difficult time after losing someone important to you. Our job is to make the Los Angeles wrongful death lawsuit process as smooth and successful as possible for you.

Schedule a free consultation by calling Broadway Law at (866) 845-1350