Wrongful Death Attorneys

Glendale Wrongful Death Attorney Updated March 2022

If a loved one dies due to the negligence or misconduct of another person, you may be entitled to a financial recovery for wrongful death. The experienced personal injury attorneys at Dordulian Law Group work hard on behalf of those with wrongful death claims in the Los Angeles area and throughout California. We have recovered over $100 million for our clients over the years, including winning many wrongful death cases, and will help you secure the compensation you deserve. Along the way, we will treat you with compassion and work to protect your rights, focusing on the priorities that matter to you.

What is Wrongful Death?

When a person dies because of someone else’s negligence or misconduct (up to and including murder), this can give rise to a wrongful death claim. Unlike an assault or homicide case, which are criminal matters brought by the state, a wrongful death claim is filed in civil court by the spouse or family members of the deceased person. Alternatively, someone who represents the decedent’s estate can bring a wrongful death claim. A wrongful death claim can involve everything from major car accidents to medical malpractice.

If the case succeeds, the court will order the defendant to pay money damages to the decedent’s survivors. No jail time or other criminal penalties are imposed in a wrongful death lawsuit, although there might be a concurrent criminal case involving the same defendant and conduct. Even if there is a criminal case and the defendant is acquitted, a wrongful death claim can still succeed because the standard of proof is lower in a civil lawsuit.

One of the most famous wrongful death verdicts involved the O.J. Simpson murder case. Even though Simpson was found not guilty of murder in the criminal trial, he was found liable for murder in the civil lawsuit brought by the families of Nicole Brown Simpson and Ronald L. Goldman. Other high-profile wrongful death cases have involved Porsche and Fiat Chrysler. One of Dordulian Law Group’s ongoing wrongful death cases involves a tragic bus rollover accident.

How To Decide if You Should Sue for Wrongful Death

Unfortunately, wrongful death incidents are not uncommon. In the U.S., the following statistics related to wrongful death cases are staggering:

• More than 90,000 deaths due to medical malpractice (preventable medical errors) occur annually
• More than 17,000 DUI-related fatalities, with over 5,000 trucking accidents, occur annually
• More than 36,000 slip and fall fatalities, according to the Centers for Disease Control (CDC), occur annually
• Nearly 65,000 unintentional poisoning deaths, the CDC reports, occur annually

If you’re one of the thousands of people whose loved one has died due to someone else’s negligence or misconduct, call a DLG attorney today at 800-880-7777. We have more than 25 years of experience in personal injury and wrongful death cases, and will provide a free consultation to determine whether or not you have a viable case. During your free consultation, we will explain all of your rights under the law and answer any questions you may have regarding your wrongful death claim.

How Much is Your Wrongful Death Case Worth?

In a wrongful death case, the decedent’s heirs can sue for both economic and non-economic damages.

The purpose of economic damages in a wrongful death case is to compensate heirs for the financial support they could reasonably have expected to receive from their loved one if he or she had not died. This type of financial injury is usually determined primarily by considering the circumstances at the time of the decedent’s passing. Factors can include the decedent’s age, income potential, and life expectancy, as well as his or her health before the injury. Additional factors can include the income, parental, and other needs of family members or representatives who were affected by the death.

If you’ve been injured at work, contact our certified workers’ compensation specialists online or by phone for a free consultation today.

Economic damages include things that can be calculated, such as:

• The financial support the deceased would have contributed to the family during his or her lifetime
• The loss of gifts or benefits the heirs could have expected to receive from the deceased
• Funeral and burial expenses
• The reasonable value of household services the deceased would have provided
• Medical bills and other expenses incurred
• Value of lost benefits, such as the decedent’s pension or health insurance

Non-economic damages are more intangible, and fall under California’s loss of consortium law. “Loss of consortium” applies to a surviving spouse or domestic partner, and can result in damages for the loss of:

• The deceased’s companionship and support
• Protection
• Affection
• Moral support
• Training and guidance
• Sexual relations

DLG’s experienced attorneys will need to make an extensive inquiry to determine how much you may be entitled to in your wrongful death case. We will consider all of the factors listed above in an effort to secure the largest possible settlement given your specific situation. If we take your case, we will conduct exhaustive research into everything that could possibly affect the financial damages you may be owed. You can have confidence that we, as your legal representatives, will always put your best interests first.

Who is Liable for Wrongful Death?

In California, a wrongful death claim can be based on any type of wrongdoing, including negligence, gross negligence, recklessness, or intentional misconduct. These claims can include, for example, cases involving death as a result of:

• Sexual assault
• Child abuse
• Slip-and-fall accidents
• Car accidents
• Medical malpractice

In some situations, the defendant may be liable for wrongful death under the doctrine of “strict liability,” even if they weren’t negligent. In California, these cases include most dog bites and injuries caused by defective products.

If you believe you have a personal injury case and wish to pursue a claim, don’t hesitate to contact our award-winning expert attorneys online or by phone today.

Who is Entitled to Wrongful Death Benefits?

Under California law, the following family members or personal representatives may bring a wrongful death lawsuit:

• Spouses
• Domestic partners
• Children
• Grandchildren (if the decedent’s children are also deceased)
• Other minor children, including stepchildren, if they depended on the decedent for at least half of their financial support
• Anyone else with a legal interest in the decedent’s property according to the laws of interstate success in California. These may include assets that would have passed through the decedent’s will, especially if the decedent was the sole owner

Because so many types of accidents and situations can lead to wrongful death lawsuits, it’s important to talk to a wrongful death attorney at DLG before you decide whether to pursue a claim. We have the expertise and experience to explain whether you have a solid case, and if so, how best to pursue financial damages. As our clients will attest, we will fight for you every step of the way to make sure you get the compensation you deserve.

How are Wrongful Death Settlements Paid Out?

Normally, a wrongful death settlement is paid by the insurance company that provides liability coverage for the responsible party. However, there are limits to what some insurance policies will pay. If the judgment or settlement is above a certain amount, the insurance company will only pay up to the coverage limit. The defendant is personally liable for the remainder of any judgment or settlement that his or her insurance company doesn’t pay, including your legal fees in the case. Such cases can result in the defendant’s wages or bank accounts being garnished, or their assets being seized.
The Internal Revenue Service states that most wrongful death settlement payments can’t be taxed if they are compensatory, meaning the payments are designed to compensate the survivors for their pain and suffering due to the victim’s death. If you think you will receive a wrongful death settlement, talk with a DLG attorney about the tax implications before accepting it.

You May Also Have a Claim for Survival

Someone filing a wrongful death claim may also have a claim for “survival” on behalf of the decedent’s estate. Unlike a wrongful death action, a survival action seeks financial compensation for the decedent’s economic losses caused by the defendant’s negligence or misconduct, as opposed to losses suffered by the decedent’s family. According to Code of Civil Procedure 377.30, damages that can be awarded in a survival action include “the loss or damage that the decedent sustained or incurred before death that the decedent would have been entitled to recover had the decedent lived.” This can include medical expenses and lost wages, as well as penalties and punitive or exemplary damages. Essentially, California’s survival statute allows an heir to recover these damages on behalf of the decedent. However, damages for pain, suffering, or disfigurement are not recoverable in a survival action.

Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.

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How Much Time do I Have to File a Claim?

In California, you generally have two years following the date that the deceased individual passed away to file a wrongful death claim. However, an exception called the “discovery rule” may apply if:

• You reasonably didn’t know that the person died, or
• The cause of the death giving rise to your wrongful death claim doesn’t become clear until some time after the person’s death

In these cases, you may have more time to file a claim – specifically, two years after the date on which the person’s death was (or should have been) known, or the cause of death giving rise to the wrongful death claim was determined.

There are other exceptions as well. For example, if you’re suing a public entity in California for wrongful death, you usually need to file a claim against the public entity within six months of the person’s death. If the claim is denied (which it often is), you will have an additional six months to sue in court.

In medical malpractice cases, you must file a wrongful death claim within three years of the date of injury, or one year after you reasonably should have discovered the injury – whichever is earlier.

There are other rules governing wrongful death cases filed by minors injured as a result of the death of a loved one or representative. A survival action can be brought up to two years from the date of the injury, or six months after the decedent’s death – whichever is later.

Because the statutes of limitations in wrongful death and survival actions vary depending on the circumstances, it’s important to talk with a DLG wrongful death attorney who can advise you as to exactly when your filing period expires. Our attorneys have more than 25 years of experience successfully litigating wrongful death cases, and we will work hard to obtain the compensation you’re entitled to receive.

It’s important to file your wrongful death claim as soon as possible following the death in question. This is, in part, to preserve any evidence you may need to prove your case. We will work with medical experts and other investigative professionals like our in-house Chief Investigator with 30 years of experience in the LAPD, Detective Moses Castillo. Our team will help gather and preserve crucial evidence that will strengthen your case.

Don’t miss the deadline for filing a claim. If you do, you will waive your right to seek financial compensation for damages.

Who is eligible to sue for wrongful death on behalf of the deceased?

California Code of Civil Procedure 377.60 allows family members or personal representatives to bring a wrongful death lawsuit. This specifically includes:

• Spouses
• Domestic partners
• Children
• Grandchildren (if the decedent’s children are also deceased) 
• Other minor children (including stepchildren) provided they were dependent on the deceased for at least 50% of their financial support
• Any additional individuals who would be entitled to the decedent’s property under California’s laws on intestate succession (assets that would have passed through the decedent’s will are typically affected under such laws, usually pertaining to assets owned alone by the decedent, solely in their name)

Updated March 2022:

Some of the most high-profile and prominent examples of wrongful death lawsuits that have made headlines recently include:

• The claim brought by Halyna Hutchins’ family against Alec Baldwin and the producers of the film “Rust”
• The claim brought by the family of George Floyd against the City of Minneapolis
• The claim brought against financial investment website Robinhood by the family of a trader who died by suicide
• The claim brought by Vanessa Bryant, the widow of Kobe Bryant, against the helicopter company and pilot involved in the tragic crash

Wrongful death law is covered under the California Civil Code of Procedure 377.30:

A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest.

To learn more about how to file a Los Angeles, California, wrongful death claim, contact DLG today at 818-322-4056 for a free, confidential, and no obligation consultation.

Schedule an appointment online for a free consultation today, or call us directly to speak to our top-rated, expert car accident attorneys.

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English Version: Abogados de muerte por negligencia