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Wrongful death claims arise when a person dies because of another party's negligence, intentional act, or strict liability. In Palos Verdes Estates, as elsewhere in California, wrongful death actions are civil lawsuits intended to compensate the decedent's estate and surviving family members for losses caused by the death. Criminal prosecutions may occur at the same time, but a criminal case is separate from a civil wrongful death case. The civil claim focuses on monetary damages for financial and other losses suffered by survivors and the estate.
Wrongful death cases are legally and emotionally complex. A lawyer can help in many common situations, including:
- Fatal car or truck collisions where another driver, vehicle defect, or roadway condition may be at fault.
- Medical negligence that contributed to a patient dying in a hospital, clinic, or other health care setting.
- Workplace deaths caused by unsafe conditions, equipment failure, or employer negligence.
- Defective products that caused fatal injuries, where a manufacturer, distributor, or retailer may be liable.
- Premises liability deaths from slips, falls, drownings, or other accidents on property owned or controlled by others.
- Homicides or assaults where civil liability is possible in addition to criminal charges.
A lawyer will evaluate liability, preserve evidence, identify the proper plaintiffs, calculate damages, meet procedural requirements, negotiate with insurers, and, if necessary, take the case to trial. Many wrongful death attorneys work on a contingency-fee basis, which can reduce up-front cost barriers.
Key legal points relevant to wrongful death claims in Palos Verdes Estates - and throughout California - include the following:
- Who files the case - A wrongful death action is typically brought by the personal representative of the decedent's estate for the benefit of the decedent's heirs. The representative files the lawsuit, but the recovery is distributed to the people the statute identifies as heirs or to those who suffered economic losses.
- Types of recoverable damages - Common recoverable items include loss of financial support and services, funeral and burial expenses, loss of household services, and, in some instances, loss of prospective inheritance. Punitive damages may be available when the defendant acted with malice or extreme recklessness. The specific categories and valuation can vary by case type.
- Survival actions versus wrongful death actions - A survival action preserves claims the decedent could have brought had they lived, such as medical expenses incurred before death and the decedent's pain and suffering. The survival cause is part of the estate, and damages go to the estate. The wrongful death cause compensates survivors for their losses and is distributed to heirs.
- Statute of limitations - California imposes time limits for filing wrongful death claims. In many wrongful death cases the deadline is two years from the date of death, but exceptions and shorter limits can apply depending on the type of claim, the parties involved, or discovery rules. Claims against public entities usually require a written claim to the government agency within a much shorter period, such as six months, before a lawsuit may be filed.
- Comparative fault - California follows a pure comparative negligence rule. If a decedent or the survivors share some fault, their recoverable damages are reduced by their percentage of fault rather than being barred entirely.
- Special rules for medical malpractice and workplace deaths - Medical negligence wrongful death claims are subject to procedural requirements and expert declaration rules, and medical malpractice actions may be affected by medical liability statutes. Workplace fatalities often involve parallel administrative or regulatory investigations and may implicate California labor and workplace safety laws.
Because local procedures and deadlines can be strict, early consultation with an attorney who knows California wrongful death practice and Los Angeles County courts is important.
The personal representative of the deceased person's estate generally brings the action on behalf of the decedent's heirs. Heirs or dependents receive the monetary recovery according to statutory priorities and the estate representative's distribution.
Statutes of limitations vary by case. In many California wrongful death cases, the filing deadline is two years from the date of death. Claims against public entities usually require an administrative claim within a much shorter period, often six months. Timelines can vary by case type, so contact a lawyer promptly.
Recoverable damages commonly include loss of financial support, loss of household services, funeral and burial expenses, and, in appropriate cases, punitive damages. The estate may also recover pre-death medical expenses and the decedent's pain and suffering through a survival action.
A criminal case is prosecuted by the government to punish wrongful conduct and may result in jail or fines. A wrongful death civil lawsuit seeks monetary compensation for survivors and the estate. Both types of cases may proceed independently.
Yes. California applies pure comparative negligence. Damages are reduced by the percentage of fault attributed to the decedent or the plaintiff, but recovery is not barred solely because the decedent was partly at fault.
Claims against government entities have special notice and procedural requirements, including short filing deadlines for administrative claims. Missing those steps can bar a lawsuit, so consult a lawyer immediately if a public entity may be responsible.
Many wrongful death claims require expert testimony to establish causation, standard of care, or damages, especially in medical malpractice, product liability, and complex accident cases. An attorney will advise whether experts are needed and help retain qualified specialists.
Most wrongful death lawyers handle cases on a contingency-fee basis, meaning the attorney is paid a percentage of any recovery and typically advances case costs. Fee arrangements vary, so get the agreement in writing and ask about costs you may be responsible for if there is no recovery.
Preserve any photos or video of the scene, witness contact information, medical records, police reports, vehicle identification, employment records, and bills or receipts related to the death. Avoid signing releases or giving recorded statements to insurers before talking to a lawyer.
Case duration varies widely. Some matters settle in months, while complex cases or those going to trial can take years. Early investigation, preserved evidence, and timely expert reports can speed resolution, but litigation timelines depend on discovery, negotiations, and court schedules.
Below are local and state resources that can help you navigate practical and procedural aspects of a wrongful death matter:
- Local law enforcement agency or sheriff for police reports and investigation information.
- Los Angeles County Department of Medical Examiner-Coroner for death investigations and autopsy reports.
- Los Angeles County Superior Court for civil filing procedures and court locations.
- California Department of Public Health for vital records and death certificates.
- California Medical Board for concerns about medical providers.
- California Department of Industrial Relations and federal or state workplace safety agencies for workplace fatalities and inspections.
- State Bar of California and local bar association lawyer referral services for finding qualified wrongful death attorneys.
- Local legal aid and victim assistance programs for help with immediate needs and referrals to counseling or financial assistance.
If you believe a wrongful death has occurred, consider these practical next steps:
- Seek support - Grief counseling, victim support services, and family members can help with immediate emotional and logistical needs.
- Get medical and death records - Obtain hospital records, the death certificate, and the coroner's report as soon as they are available.
- Preserve evidence - Save photographs, messages, receipts, and any physical evidence. Record witness names and contact details.
- Do not sign releases - Avoid signing waivers or giving detailed recorded statements to insurance companies before speaking with an attorney.
- Consult an experienced wrongful death lawyer - Contact attorneys who handle wrongful death cases for a prompt assessment. Most offer a free or low-cost initial consultation and work on contingency.
- Meet procedural deadlines - If a public entity may be involved, file any required administrative claims quickly. Ask your lawyer about applicable statutes of limitations and any special rules for your case type.
Taking these steps early preserves your rights and helps ensure a thorough investigation. An attorney familiar with Palos Verdes Estates and Los Angeles County practice can guide you through the legal process, explain your options, and work to obtain appropriate compensation for your loss.
