Turn Your Grief Into Action with a Proven Legal Advocate
Losing a loved one is a devastating experience that impacts every area of your life. The emotional trauma can be unbearable, and the sudden financial burden can be overwhelming. When this profound loss is caused by someone else’s negligence, the pain is often compounded by a sense of injustice.
If another’s wrongful act led to your family’s loss, you have the right to file a wrongful death claim. While no amount of money can ever replace your loved one, holding the responsible party accountable can provide a crucial sense of closure and the financial stability your family needs to move forward. This is not a journey you should take alone. The legal team at Haffner Law, led by founder Joshua Haffner, is here to provide the expert guidance and compassionate support you need.
Quick Summary
Below is an overview of the key points of this article.
- A “wrongful death” occurs when someone’s actions, such as negligence or intentional harm, lead to another person’s death. Common causes include motor vehicle accidents, medical malpractice, workplace accidents, and defective products. Families can file a civil lawsuit for wrongful death even if the responsible party is acquitted in a criminal case.
- In California, only specific relatives can file a wrongful death claim. Surviving spouses, domestic partners, children (including certain stepchildren and dependent minors), and parents have the primary right to seek compensation. If no immediate family members exist, other legal heirs who can prove entitlement to the deceased’s estate may file.
- You must file a wrongful death claim in California within two years of the person’s death, as stated in the Code of Civil Procedure Section 335.1. For claims involving medical malpractice, the deadline is three years from the date of injury or one year after discovering the injury, per Code of Civil Procedure Section 340.5.
- To prove a wrongful death claim in Sherman Oaks, you must show that the defendant’s negligence or wrongful act caused your loved one’s death. This involves establishing four key elements: the defendant owed a duty of care to the victim, they breached that duty, this breach directly caused the death, and you suffered quantifiable damages as a result.
What is a Wrongful Death?
A “wrongful death” happens because of someone’s wrongful actions, such as carelessness, negligence, intentional harm, or criminal behavior. This wrongful behavior can come from an individual, such as a drunk driver, or from a corporate entity, like a company that markets a dangerously defective product.
What Types of Accidents Can Cause a Wrongful Death?
A wrongful death can arise from nearly any type of preventable accident. Our firm has experience handling claims across the San Fernando Valley, from Encino to Burbank, involving a wide range of circumstances. The most common causes include:
Motor Vehicle Accidents
Traffic accidents are a leading cause of preventable death. Many of these fatalities occur because of driver negligence, such as distracted driving, speeding, or driving under the influence. These cases include accidents involving cars, trucks, motorcycles, as well as those tragically involving pedestrians or bicyclists.
Medical Malpractice
Doctors, surgeons, nurses, and other medical professionals are held to a high standard of care. When they fail to meet this standard, the results can be fatal. Pharmaceutical companies and medical device manufacturers also have a duty to ensure their products are safe. Common forms of medical malpractice leading to wrongful death include:
Surgical and anesthesia errors
Improper medication prescription or administration
Birth injuries
Misdiagnosis or delayed diagnosis
Nursing home abuse and neglect
Workplace Accidents
Employers have a legal obligation to provide a safe and healthy environment for their employees. They can be held liable for deaths that occur due to unsafe conditions, such as exposure to toxic chemicals, explosions, falls, or other hazards resulting from poor maintenance or inadequate safety protocols.
Product Liability
Manufacturers, distributors, and designers must ensure their products are reasonably safe for consumer use. A wrongful death can occur because of a design flaw, manufacturing defect, or a failure to warn of potential dangers. A claim can be filed against any party in the chain of distribution responsible for putting an unsafe product on the market.
Criminal Activity
Wrongful deaths can occur during the commission of a crime. In these situations, the perpetrator faces criminal charges. However, the victim’s family also has the right to file a separate civil lawsuit to recover damages for the wrongful death. Importantly, the standard of proof is lower in civil court, meaning a defendant can be found financially liable even if they are acquitted of criminal charges.
Who Can File a Los Angeles Wrongful Death Claim?
In California, the right to file a wrongful death claim is strictly limited to specific individuals. If you are not a designated party under the law, you may not be able to seek damages. According to California Code of Civil Procedure 377.60, the following relatives can file a lawsuit:
Spouse
Manufacturers, distributors, and designers must ensure their products are reasonably safe for consumer use. A wrongful death can occur because of a design flaw, manufacturing defect, or a failure to warn of potential dangers. A claim can be filed against any party in the chain of distribution responsible for putting an unsafe product on the market.
Children
Biological and adopted children of the deceased can file a claim. This right also extends to stepchildren who can demonstrate they were financially dependent on the victim. Additionally, any minor who lived with the victim for at least 180 days before their death and was financially dependent on them can also file a claim.
Parents
A parent can file a wrongful death claim for the loss of their child, provided the child was a minor or was an adult who did not have any surviving children of their own.
Other Heirs
If the deceased has no surviving spouse, child, or parent, the right to file may pass to other family members who are considered “heirs” under California’s intestate succession laws. These are individuals who would be entitled to inherit the deceased’s property.
What is California's Statute of Limitations for Wrongful Death Claims?
A statute of limitations is a strict deadline for filing a lawsuit. In California, under Code of Civil Procedure Section 335.1, you must file a wrongful death claim within two years of the date of death. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to seek compensation forever.
If the wrongful death was caused by medical malpractice, the deadline under Code of Civil Procedure Section 340.5 is three years from the date of the injury or one year from the date you discovered the injury, whichever comes first. Due to these complexities, it is vital to speak with a Sherman Oaks wrongful death lawyer as soon as possible to protect your rights.
What is California's Statute of Limitations for Wrongful Death Claims?
A statute of limitations is a strict deadline for filing a lawsuit. In California, under Code of Civil Procedure Section 335.1, you must file a wrongful death claim within two years of the date of death. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to seek compensation forever.
If the wrongful death was caused by medical malpractice, the deadline under Code of Civil Procedure Section 340.5 is three years from the date of the injury or one year from the date you discovered the injury, whichever comes first. Due to these complexities, it is vital to speak with a Sherman Oaks wrongful death lawyer as soon as possible to protect your rights.
How Can I Prove a Los Angeles Wrongful Death Claim?
To succeed in a wrongful death claim, your attorney must prove that the defendant’s negligence or wrongful act was the cause of your loved one’s death. You do not need to prove intent; you only need to prove negligence. This requires establishing four key elements by a “preponderance of the evidence,” meaning it is more likely than not to be true.
Duty of Care
The defendant owed your loved one a legal duty to use reasonable care. The nature of this duty depends on the relationship. For example, all drivers on the roads in Tarzana and Studio City owe a duty to other motorists, while a doctor owes a much higher, professional duty of care to a patient.
Breach of Duty
You must show that the defendant violated, or “breached,” this duty of care. A breach occurs when the defendant acts wrongfully or fails to act as a reasonably prudent person or professional would have under similar circumstances.
Causation
Your lawyer must prove that the defendant’s breach of duty was a direct and substantial factor in causing your loved one’s fatal injury. We must demonstrate that the death would not have occurred “but for” the defendant’s actions or inaction.
Damages
Finally, you must show that your loved one’s death caused you and your family to suffer quantifiable losses. Your attorney will help you document all damages, including economic losses like medical bills and lost income, and non-economic losses like the loss of love and companionship.
Compensation for the Death of a Family Member
Damages in a California wrongful death claim are intended to compensate both the deceased’s estate and the surviving family members for their respective losses.
Losses typically recovered on behalf of the estate can include:
- Medical bills incurred for the deceased’s final injury or illness
- Funeral and burial expenses
- Lost wages and benefits the deceased would have been reasonably expected to earn had they lived
Damages recovered by the surviving family members are for their own personal losses, such as:
- Loss of the deceased’s anticipated financial support
- The value of household services the deceased provided
- Loss of a potential inheritance
Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
“Amazing work they did in making us feel heard and understood… My family and I are very thankful for your work and dedication.” – Lucero V., Verified Client
This level of client dedication is the standard set by Joshua Haffner and delivered by our entire legal team.
How Wrongful Death Compensation is Divided in California
When multiple family members are eligible to file a claim, a California jury typically awards a single lump sum to the group. For example, if a person leaves behind a spouse and three children, the jury awards one total amount for the entire family.
The family members are then expected to agree on how to divide the compensation among themselves. If they cannot agree, they can petition the court to hold a hearing and decide on a fair distribution. In certain complex cases, the jury may be asked to make separate awards for each claimant, but this is less common.
Frequently Asked Questions About Wrongful Death Claims in California
What is the average settlement for a wrongful death case?
There is no “average” settlement, as each case is unique. The value depends entirely on specific factors, including the deceased’s age and earning capacity, the amount of medical and funeral expenses, the number of dependents, and the severity of the survivors’ loss of companionship and support. An experienced attorney can evaluate these factors to determine a fair valuation for your specific case.
How long does a wrongful death lawsuit take?
The timeline for a wrongful death lawsuit can range from several months to a few years. Simpler cases with clear liability may settle relatively quickly. More complex cases, especially those involving multiple defendants or that go to trial, will take longer. The goal is always to secure a full and fair resolution, not just a fast one.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for the losses they have suffered due to their loved one’s death (e.g., loss of financial support and companionship). A survival action, which can be filed alongside a wrongful death claim, allows the deceased’s estate to recover damages that the deceased themselves would have been entitled to had they survived (e.g., medical bills and pain and suffering they endured before death).
Can a sibling file a wrongful death lawsuit in California?
Generally, no. Siblings are not listed as primary parties who can file under California law. However, there is a narrow exception: a sibling may be able to file if they can prove they were financially dependent on the deceased and qualify as a legal “heir” because the deceased left no surviving spouse, domestic partner, children, or parents.
Why Do I Need a Los Angeles Wrongful Death Lawyer?
Losing a loved one is an emotional ordeal. Facing a complex legal battle at the same time is more than anyone should bear alone. Here is why having an experienced and tenacious legal advocate is not just helpful, but essential:
Mastery of Complex Law: An attorney with a deep understanding of California’s intricate laws is critical. Joshua Haffner has not only handled multiple wrongful death trials but has also been involved in published appellate decisions, demonstrating a mastery of the legal landscape that few can match.
Thorough Investigation: Building a strong case requires a comprehensive investigation. We gather evidence, interview witnesses, consult with experts, and analyze all reports to definitively prove liability and the full extent of your damages.
Fighting Insurance Companies: Insurance companies are businesses focused on protecting their profits, not on providing you fair compensation. Joshua Haffner built his reputation on his tenacity in insurance bad faith litigation, and he knows exactly how to counter their tactics and fight for the maximum recovery you are owed.
Maximizing Your Compensation: Our goal is to secure compensation for every loss you have suffered—from medical and funeral costs to the profound loss of future income and companionship. Joshua Haffner’s track record includes securing numerous multi-million dollar results for his clients.
Proven Trial Representation: If a fair settlement cannot be reached, you need an attorney who is prepared to win in court. Joshua Haffner’s skill as a litigator was recognized when he was nominated for Trial Lawyer of the Year by the Consumer Attorneys of California. He and his team are always prepared to take your case to trial.
Peace of Mind: Having a dedicated legal team handle every aspect of your case—from paperwork and deadlines to all communications—allows you to focus on what truly matters: healing with your family.
Led by Experience, Driven by Compassion: Choose Haffner Law
When you are facing the unimaginable, the attorney you choose makes all the difference. You need more than just a lawyer; you need a dedicated advocate with a proven record of success and a deep commitment to justice.
When you choose Haffner Law, you are choosing a firm led by Joshua Haffner, an attorney nominated as Trial Lawyer of the Year for his tenacity and unwavering client commitment. With a reputation forged over 20 years and a track record of securing multi-million dollar results, Mr. Haffner and his dedicated legal team fight for the justice and financial security your family deserves. As someone who grew up in the Los Angeles area and speaks fluent Spanish, Joshua Haffner is deeply committed to serving our Sherman Oaks community and its surrounding neighborhoods.
We can also represent you in Brain Injury and Back Injury cases. Contact us today for a free, confidential case review and see how we can help you achieve justice.
