Best Wrongful Death Lawyers in Marina del Rey

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

V. James DeSimone Law
Marina del Rey, United States

Founded in 2015
English
V. James DeSimone Law is a Southern California practice dedicated to civil rights, employment law, and catastrophic personal injury litigation. Led by V. James DeSimone, the firm draws on more than 30 years of trial experience to pursue justice for individuals whose rights have been violated or who...
AS SEEN ON

About Wrongful Death Law in Marina del Rey, United States

Wrongful death law provides a remedy when a death results from the negligence, recklessness, or wrongful act of another. In Marina del Rey and California, these claims are governed by state statutes rather than local ordinances, and filed in the California Superior Court. The rules determine who may sue, what damages may be recovered, and how the case proceeds through the court system. CCP 377.60 et seq and related provisions set the framework for wrongful death actions in this jurisdiction. CCP 377.20 et seq govern related survival claims, which may affect damages and timing.

In practical terms, Marina del Rey residents typically pursue wrongful death claims through the Los Angeles County Superior Court. Damages may include financial support the decedent would have provided, loss of companionship, medical and funeral expenses, and other economic harms recognized by law. For a clear view of the statutory framework, see the California Codes cited above and the California Courts Self-Help resources.

Note: California law allows specified surviving family members to seek compensation for losses caused by a decedent's death.

Sources: California Code of Civil Procedure sections 377.60 et seq and 377.20 et seq; California Courts Self-Help resources

Why You May Need a Lawyer

Wrongful death cases in Marina del Rey involve complex liability analyses and multiple potential defendants. A lawyer helps protect your rights, coordinate investigations, and pursue appropriate damages through settlement or trial.

  • A fatal car or motorcycle crash with several at-fault parties and disputed liability requires careful reconstruction and expert testimony to determine fault percentages and damages.
  • A fatal boating incident near Marina del Rey may involve maritime law, vessel maintenance issues, and complex insurance coverage requiring specialized experts.
  • A death caused by medical negligence involves standard of care questions and may invoke separate time limits and expert reviews under California law.
  • A death from a defective product or equipment needs product liability analysis and engineering or safety expert input to show causation and fault.
  • A death at a worksite in Los Angeles County could implicate workers’ compensation dynamics and potential civil claims for additional damages beyond workers’ comp benefits.
  • A death resulting from government action or policy may require awareness of Government Code claim procedures and strict filing timelines.

Local Laws Overview

  • California Code of Civil Procedure § 377.60 et seq. - Wrongful death actions may be pursued by specified statutory heirs and outline how damages are awarded and who may bring the claim.
  • California Code of Civil Procedure § 377.20 et seq. - Survival actions allow the decedent’s underlying causes of action to survive to the estate or representatives for recovery of damages after death.
  • California Civil Code § 1431.2 - Comparative fault rules apply, reducing damages in proportion to each party's share of fault and affecting both wrongful death and survival claims.

In Marina del Rey cases involving public entities or employees, government claims may also apply under the Government Code, which imposes pre-suit notice requirements and specific timing. For general guidance, consult the statutes above and a qualified attorney. California Government Code on claims against public entities.

Frequently Asked Questions

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

A wrongful death claim allows designated survivors to recover damages after a decedent's death caused by another's negligence or misconduct. In California, the deceased’s spouse, domestic partner, children, or other listed heirs may sue depending on eligibility defined in CCP 377.60.

How long do you have to file a wrongful death case in Marina del Rey CA?

California generally requires a wrongful death case to be filed within two years of the decedent's death. Some exceptions apply, so early review with a lawyer is important to avoid defaulting on the deadline.

Should I hire a wrongful death attorney before talking to insurers?

Yes. An attorney can preserve evidence, advise on settlement strategies, and negotiate with insurers from an informed position. Early legal counsel helps protect the value of your claim.

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

Damages typically include economic losses such as wages the decedent would have earned, medical and funeral expenses, and noneconomic losses like companionship and loss of support. The exact amount depends on the case facts and evidence presented.

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

Duration varies widely. Some cases settle within months, others take 12-24 months or longer if contested or complex. The timeline depends on liability, damages, and court schedules.

Do government claims affect wrongful death deadlines in Los Angeles?

Yes. If a public entity or employee is involved, special Government Code notice and filing requirements may apply, potentially changing timelines and procedures.

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

A wrongful death action seeks damages for the beneficiaries' lost items such as financial support and companionship. A survival action pursues damages the decedent could have recovered if they had lived, through the estate.

Is there a discovery rule for wrongful death cases in California?

California generally does not extend the statute of limitations based on discovery for wrongful death claims. The two-year limit runs from the date of death, with exceptions for certain claims.

Can a wrongful death case settle before trial in California?

Yes. Most wrongful death cases settle before trial through negotiations, mediation, or structured settlements, under the advice of counsel.

How are damages allocated among surviving family members?

Damages are allocated based on each beneficiary's relation to the decedent, the financial impact, and the court or settlement agreement’s terms, within the framework of the statute.

Do I need to preserve police and medical records after a death?

Yes. Collecting police reports, autopsy results, medical bills, and other records is crucial. These documents support liability and damages and help your attorney build the case.

Should I contact a lawyer before filing a claim or making statements?

Yes. An attorney can guide you on timing, what to say, and how to protect your rights while avoiding statements that could harm the case.

Additional Resources

Next Steps

  1. Gather key documents within first 1-2 weeks: death certificate, police and coroner reports, medical bills, and funeral expenses.
  2. Identify potential defendants and compile a timeline of events surrounding the death to share with counsel.
  3. Schedule consultations with 2-3 qualified wrongful death attorneys in Los Angeles County to understand options and fees.
  4. Prepare questions for consultations about liability, damages, and expected timelines before engaging counsel.
  5. Review fee structures and signs a retainer agreement only after understanding costs, contingencies, and disbursements.
  6. Decide on case strategy with your attorney and begin formal investigation and evidence preservation within 2 weeks of hiring.
  7. Monitor deadlines and avoid delaying action, with a goal of filing within the two-year statute of limitations, subject to exceptions.

Lawzana helps you find the best lawyers and law firms in Marina del Rey through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Wrongful Death, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Marina del Rey, United States — quickly, securely, and without unnecessary hassle.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.