Best Wrongful Death Lawyers in Burbank

1. About Wrongful Death Law in Burbank, United States

In Burbank, wrongful death law is part of California's civil code. When a death results from someone else’s negligence, recklessness, or wrongful conduct, eligible heirs may pursue compensation for losses caused by the death. The core rules are found in the California Code of Civil Procedure (CCP) sections 377.60 and following, known as the Wrongful Death Act, and the related survival action provisions.

Wrongful death and survival actions are separate claims with distinct purposes. The wrongful death claim focuses on damages suffered by the heirs and the decedent’s family, while a survival action seeks compensation for the decedent’s own injuries before death. In Burbank, these cases are filed in the Superior Court of California, County of Los Angeles, which serves the local community and handles many civil, personal injury, and wrongful death matters.

Damages in wrongful death cases typically include economic losses such as loss of financial support, medical and funeral expenses, and the value of household services. They may also cover non-economic damages like loss of companionship, with certain limitations and rules defined by state law. Punitive damages are possible only in limited circumstances where the conduct was truly egregious and proven by the plaintiff.

California’s Wrongful Death Act allows heirs to pursue damages for pecuniary losses, loss of companionship, and related costs, separate from the decedent’s own legal claims. Source: California Courts and CCP 377.60 et seq.

The wrongful death framework in California distinguishes the heirs' recovery from a separate survivorship action that compensates the decedent’s pre-death injuries and losses. Source: California Legislative Information on CCP 377.60 et seq.

2. Why You May Need a Lawyer

These are concrete, real-world scenarios in Burbank where a wrongful death attorney can help, based on local context and common case types.

• Car crash death on major streets like Alameda Avenue or near Bob Hope Airport, where a negligent driver may be responsible and a complex liability review is needed.
• Pedestrian fatality on crosswalks or bus stops along San Fernando Road, where multiple parties could share fault and a careful investigation is required.
• Death due to medical error at a Burbank hospital, such as a mis diagnostic or surgical complication, necessitating expert medical review and a careful claim strategy.
• Workplace death at a local business or facility in Burbank, where safety violations or improper training may create liability for an employer or contractor.
• Death caused by a defective consumer product sold or marketed in the area, requiring product liability analysis and coordination with manufacturers or insurers.
• Death from a hazardous property condition, such as a dangerous premises incident in a store or apartment complex, which involves premises liability questions and investigation of maintenance records.

In each case, a local wrongful death attorney can help assess heirs’ eligibility, preserve evidence, meet deadlines, and negotiate settlements with insurers or pursue a court case if needed. An attorney can also explain the differences between wrongful death and survival actions and determine the best legal strategy for your family.

3. Local Laws Overview

California law governs wrongful death in Burbank, but the specifics matter for filing and damages. Here are two to three key statutes you should know by name, with their general relevance.

• Code of Civil Procedure Section 377.60 et seq. - Wrongful Death Act: This set of provisions allows the decedent's heirs to sue for damages caused by another’s wrongful act or neglect. It defines who may bring the action and what damages may be recovered.
• Code of Civil Procedure Section 335.1 - Statute of Limitations: In most wrongful death cases, this establishes a two-year period to file from the date of death or injury, with tolling rules for certain circumstances.
• Venue considerations for Los Angeles County and Burbank filings: Wrongful death and related actions typically proceed in the Superior Court of California, County of Los Angeles, which serves Burbank residents and local defendants. Filing specifics may depend on where the death occurred or where the defendant resides.

Helpful context and current texts can be found on official sources. These statutes have been the core framework for wrongful death actions for many years and are routinely referenced in court decisions and attorney guidance.

“Wrongful death actions in California are brought by the decedent's heirs under CCP 377.60 et seq., with the aim of compensating for pecuniary losses and related damages.” - California Courts

“A wrongful death claim typically must be filed within two years of the death, subject to tolling and exceptions described in CCP 335.1.” - California Legislative Information

4. Frequently Asked Questions

What is a wrongful death claim in California and who can sue?

A wrongful death claim arises when a death is caused by another person’s negligence or wrongful act. In California, eligible heirs such as a spouse, domestic partner, children, and other dependent relatives may pursue the claim.

How do I start a wrongful death case in Burbank?

Consult a local wrongful death attorney to assess eligibility and gather essential documents. The attorney may file a complaint in the Los Angeles County Superior Court and manage the case through discovery and negotiations or trial.

When does a wrongful death claim expire in California?

The general rule is a two-year statute of limitations from the date of death. Certain tolling rules may apply, so early legal guidance is important to avoid losing the claim.

Where should I file a wrongful death case for a Burbank death?

Most wrongful death cases in Burbank are filed in the Superior Court of California, County of Los Angeles. Venue considerations depend on where the death occurred and where the defendants reside or conduct business.

Why should I hire a local Burbank attorney for a wrongful death case?

A local attorney understands nearby courts, judges, and insurance processes. They can coordinate with local investigators and experts to preserve evidence specific to the area and time frame.

How much can you recover in a California wrongful death case?

Damages typically include economic losses such as missing earnings and medical or funeral expenses, plus non-economic losses like loss of companionship. Amounts vary by case and evidence.

Do I need to pay up front for a wrongful death attorney in California?

Most plaintiffs pay no upfront fees in contingency fee arrangements. If you win or settle, the attorney receives a percentage of the recovery as fees.

Is punitive damages possible in a California wrongful death case?

Punitive damages may be available if the defendant’s conduct was oppressive, fraudulent, or malicious, and the case meets specific criteria. This is typically more limited than compensatory damages.

What is the difference between a wrongful death and a survival action?

A wrongful death action benefits the heirs for their losses, while a survival action compensates the decedent for injuries suffered before death. They run concurrently but seek different damages.

How long does a wrongful death case take to resolve in California?

Cases vary widely. Some settle within months, while others proceed to trial over one to two years or more, depending on complexity and court schedules.

Do I need expert witnesses for a wrongful death case?

Yes. Experts may be needed to prove negligence, causation, damages, and the decedent’s earnings history. Your attorney will identify appropriate specialists.

What costs are involved in pursuing a wrongful death claim?

Costs include investigation, expert fees, court filing fees, and administrative expenses. Many cases are handled on a contingency basis, reducing upfront costs.

5. Additional Resources

• California Courts - Official site with self-help resources and information about wrongful death and related actions. https://www.courts.ca.gov/
• California Legislative Information - Official text and updates for CCP 377.60 et seq. and related statutes. https://leginfo.legislature.ca.gov/
• Los Angeles County Superior Court - Official court system handling civil and wrongful death filings for local residents. https://www.lacourts.org/

6. Next Steps

1. Identify potential wrongful death attorneys who practice in Burbank and have experience with California Wrongful Death Act cases. Ask about recent trial results and approach to evidence collection.
2. Gather key documents and evidence, including the death certificate, police or incident reports, medical records, and any communications with insurers or defendants within the last six months.
3. Schedule initial consultations within 2-4 weeks to discuss eligibility, damages, and potential strategies for both wrongful death and survival actions.
4. Ask about fee structures, including contingency arrangements, estimated costs, and what happens if the case settles or goes to trial. Clarify any hidden fees.
5. Confirm deadlines and tolling rules in your case, including statute of limitations and any applicable exceptions for minors or disabled individuals.
6. Have the attorney outline a plan for evidence preservation, expert engagement, and a potential demand letter or complaint timeline.
7. Decide on a course of action, such as filing a lawsuit or pursuing settlement negotiations, and set milestones for review every 6-8 weeks.