Los Angeles Wrongful Death Attorneys

The death of a loved one is one of the most difficult things you can experience. You shouldn’t have to deal with the stress of pursuing the compensation you deserve on top of that. Instead, hire a Los Angeles wrongful death attorney.

No amount of money can ever replace a father, a mother, or a child.

The grief you are feeling right now is likely mixed with shock, confusion, and anger. Whether it’s a wrongful death or personal injury case, we understand that you aren’t looking to “cash in” on a tragedy; you are looking to secure your family’s future in the absence of the person who helped build it.

When negligence steals a life, the law provides a path to fill the financial void left behind—covering lost wages, medical bills, and funeral costs so that your family can grieve without the added weight of financial ruin.

You do not have to navigate the probate courts or insurance negotiations alone. Insurance companies often try to contact surviving family members immediately after the funeral. They feign sympathy, hoping to settle the claim for pennies on the dollar before you hire an attorney. Do not sign anything. Do not give a recorded statement. Instead, call Haffner Law. We stand as your shield, handling the legal burden so you can focus on healing.

What Is a Wrongful Death Claim? (Civil vs. Criminal)

One of the most common questions we get is: “The police didn’t charge the other driver with a crime. Can I still sue?”

The answer is yes. It is critical to distinguish between a criminal case and a civil wrongful death lawsuit:

• Criminal Court: Filed by the government to punish the wrongdoer (jail time). The burden of proof is “beyond a reasonable doubt” (very high).
• Civil Court: Filed by the family to recover financial damages. The burden of proof is “a preponderance of the evidence” (meaning it is more likely than not that they were responsible).

Even if the at-fault party was not arrested or was acquitted in criminal court, Haffner Law can still win a civil judgment against them to secure your family’s financial future.

Who Can File a Wrongful Death Lawsuit in Los Angeles?

California Code of Civil Procedure § 377.60 establishes a strict hierarchy of who has “standing” to file a lawsuit in Los Angeles Superior Court.

The Priority Order for Filing:

1. Surviving Spouse or Domestic Partner: You have the primary right to file.
2. Children: If there is no spouse, or alongside the spouse.
3. Grandchildren: If the children are deceased.

Can Parents or Siblings File?
This is a frequent question. Generally, parents and siblings can only file a wrongful death claim if:

• The deceased had no surviving spouse or children.
• OR if they were financially dependent on the deceased.

Special Standing: Stepchildren & Putative Spouses
Los Angeles has diverse family structures. Even if you are not in the direct line of succession, if you were financially dependent on the deceased (such as stepchildren or “putative” spouses who believed they were legally married), you may also have the right to file.

How We Prove Wrongful Death

To win a settlement in California, we must prove four specific elements of negligence. We don’t just “claim” they were at fault; we build a fortress of evidence.

1. Duty of Care
   We must prove the defendant owed your loved one a duty of safety.

• Example: A driver on the I-405 owes a duty to other drivers to follow traffic laws. A property owner in Downtown LA owes a duty to keep their premises safe.

2. Breach of Duty
   We must prove they failed that duty through action or inaction.

• Evidence we use: Police reports, surveillance footage, “black box” data from trucks, and witness testimony.

3. Causation
   We must prove their specific breach caused the death.

• The Defense: Insurance companies often argue the death was caused by a pre-existing medical condition or the victim’s own actions. We use medical experts to refute this.

4. Damages
   We must prove the financial and emotional value of the loss.

• Our Strategy: We work with forensic economists to calculate exactly how much income your loved one would have earned over their remaining lifetime.

Common Causes of Wrongful Death in Los Angeles

We handle cases arising from a wide range of negligent acts across Southern California. We don’t just know the law; we know the local landscape.

• Fatal Car Accidents: From high-speed collisions on the I-405 and I-10 to intersection crashes.
• Commercial Truck Accidents: When an 18-wheeler causes a fatality, we move fast to secure driver logs before the trucking company destroys them.
• Medical Malpractice: If a surgical error or misdiagnosis at a major LA hospital (like Cedars-Sinai or UCLA) led to a death, we challenge their corporate defense teams.
• Construction Site Fatalities: We handle cases involving falls, machinery failure, and negligence on LA’s many development sites.
• Premises Liability: Including fatal slip and falls, drowning incidents, or negligent security leading to an assault.

Damages: What Is the Case Worth?

While no check can bring your loved one back, the court uses specific categories to calculate the financial impact of the loss on your family.

Economic Damages (Hard Costs)

• Funeral and Burial Expenses: The cost of laying your loved one to rest.
• Loss of Financial Support: The projected income, benefits, and pension the deceased would have earned had they lived a full life.
• Loss of Household Services: The monetary value of tasks the deceased performed (childcare, home maintenance, chores).

Non-Economic Damages (The Human Cost)

• Loss of Consortium: The loss of love, companionship, comfort, sexual intimacy, and moral support.
• Loss of Guidance: Specifically calculated for children who have lost a parent’s mentorship and upbringing.

Punitive Damages
In rare cases where the defendant’s actions were malicious or extremely reckless (such as felony drunk driving or intentional assault), the court may award punitive damages designed solely to punish the wrongdoer.

Wrongful Death vs. Survival Actions

In California, a fatal accident often triggers two separate legal actions. We typically file both to maximize the compensation:

1. Wrongful Death Claim: Filed by the family for your loss (loss of love, loss of income).
2. Survival Action: Filed on behalf of the deceased’s estate. This compensates for the losses your loved one suffered between the moment of injury and the moment of death (such as medical bills incurred before passing).

Note: The laws regarding “pain and suffering” damages in survival actions have evolved significantly in California. We review the specific dates and statutes applicable to your case to ensure we claim every penny the law allows.

The Statute of Limitations in California

In California, the general Statute of Limitations for wrongful death is two years from the date of death (CCP § 335.1). If you file one day late, you are forever barred from seeking justice.

If the death was caused by a government entity—such as a Los Angeles City Bus (Metro), a police vehicle, or a dangerous road condition managed by CalTrans—you must file a specialized government claim within only 6 months. Do not wait.

Frequently Asked Questions

Statistically, the majority of wrongful death cases in California (over 90%) are resolved through settlements before they ever reach a trial verdict. However, “winning” isn’t just about getting a check—it’s about getting a fair amount. Your chances of success depend entirely on the quality of evidence we gather regarding liability (who was at fault) and damages (the financial value of the loss). We prepare every case as if it is going to trial, which often pressures insurance companies to settle for a higher amount.

In California, wrongful death awards are typically paid as a “lump sum” to the group of heirs. The family members can agree on how to split it. If they cannot agree, a judge will hold a hearing to determine the distribution based on each family member’s financial needs and the closeness of their relationship to the deceased.Generally, no. The IRS typically views wrongful death settlements as compensation for physical injury or sickness, which is non-taxable. However, any portion awarded for punitive damages may be taxable. We recommend consulting a tax professional for your specific situation.It varies by case complexity. A clear-liability case (where the other side admits fault) might settle in 6 to 12 months. Complex cases involving disputed liability or medical malpractice can take 2+ years to resolve. We push for efficiency, but we never rush a settlement if it means leaving money on the table.This is a valid fear. However, we rarely sue the individual directly; we sue their insurance policy. Whether it is auto insurance, homeowner’s insurance, or a corporate liability policy, we look for every available coverage limit. If the at-fault driver is uninsured, we may be able to file a claim under your own “Uninsured Motorist” policy.

Take the First Step Toward Justice

The clock is ticking on your claim. Every day you wait is a day the insurance company uses to build their defense against you.

Take control of your future. Contact Haffner Law today for a confidential consultation. We will listen to your story, explain your options, and help you understand exactly what your claim is worth.