Los Angeles Wrongful Death Attorneys

When an Accident or Act of Negligence Results in Fatality, We’re Here to Help Families Plan Their Next Steps

No one should have to experience the unexpected and devastating loss of a loved one, particularly when your loved one’s death was caused by the negligent or intentional actions of someone else. If your loved one has been a victim of wrongful death, you may be able to file a claim against the person or party who was at fault for their suffering.

We understand the weight of the grief you are facing right now but believe anyone in your situation has the right to justice. Although receiving compensation will not bring back your loved one to you, it can help relieve financial stress during this difficult time and provide a much-needed safety net.

The experienced and dedicated wrongful death attorneys at Robins Cloud LLP have the knowledge and resources necessary to help with almost any wrongful death case, and we are here for you. Whether your loved one was the victim of a catastrophic accident, a workplace mishap, a product malfunction, or any other act of negligence, our caring team can answer your legal questions and provide all-around support. We want you to know you are not alone, and you do have options.

Robins Cloud LLP is here to protect your rights and help your family through challenging times. Call our Los Angeles team at (800) 691-2363 to speak with one of our lawyers, absolutely free.

Defining Wrongful Death

When someone’s negligent or reckless actions fatally injure a person, it is typically considered a case of wrongful death. These cases, similar to personal injury cases, require the plaintiff to show how the defendant was at fault for their loved one’s death. In some cases, defining liability is difficult—in others, it simply needs a short investigation. No matter your situation, our team has the knowledge and resources to determine who can be held responsible for the loss of your loved one.

Some common situations that lead to wrongful death cases include:

• Catastrophic car or truck accidents
• Deadly injuries that occur on the job
• Fatal injuries from defective devices
• Fatal injuries from a faulty product
• Reactions to harmful prescription drugs
• Nursing home abuse

Additionally, wrongful death cases typically involve more than one defendant, or person or entity, that might be liable for your loved one’s death, including:

• The driver of a truck or motor vehicle
• An employer
• Manufacturers, distributors, or designers
• Health care facilities
• Drug companies
• Government agencies or entities
• Owners or operators of public establishments
• Coordinators of public events

When multiple defendants are involved, it’s important to have an experienced attorney who can help you file a claim against each party to maximize your recovery. With over two decades of experience, our team at Robins Cloud LLP can handle your case with skill and compassion.

Who Can File a Wrongful Death Lawsuit in California?

In California, a wrongful death lawsuit can typically be filed by specific individuals who are closely related to the deceased person. These individuals are specified under California Code of Civil Procedure Section 377.60-377.62.

The following are the parties who can file a wrongful death lawsuit in California (in order):

1. Immediate Family Members: This typically includes the surviving spouse, domestic partner, and children of the deceased.
2. Putative Spouses and Children: Putative spouses (someone who had a good faith belief they were married to the deceased) and their children may also have the right to file a wrongful death lawsuit.
3. Other Dependents: In certain cases, if the deceased person was providing financial support to someone else, like parents or stepchildren, they might also have the right to file a wrongful death claim.
4. Distant Family Members: If there are no immediate family members, other relatives such as siblings or grandparents who were financially dependent on the deceased might be eligible.

Damages That May Be Available in a Wrongful Death Case

In California, the compensation you may be entitled to recover is dependent on the facts and circumstances of your case. Damages you might be awarded include:

• Medical expenses associated with your loved one’s final illness or injury;
• Your loved one’s funeral and burial expenses;
• Any lost or potential future income;
• Compensation for losing any anticipated financial support;
• The value of household services;
• Compensation for losing the love, moral support, affection, attention, community, and guidance of your loved one; and,
• Court costs and attorney fees.

Depending on what your relationship is with your deceased loved one, if you have other family members that are affected by your loved one’s death, the damages may be divided among you and your other family members as well. Especially if your claim or your right to file is contested by another family member, it’s important to have a strong attorney on your side.

How Our Wrongful Death Attorneys Can Help You

Because we know that emotions and tensions can be high after the loss of a loved one, we are here to provide legal support and take on the work of filing a wrongful death claim. Dealing with insurance companies, employers, and anyone else involved in your loved one’s death is emotionally taxing. It’s the last thing any family needs during such a difficult time. Our experienced wrongful death attorneys can take care of legal issues, so you have time to grieve and heal with your family.

Our job as your attorney is to establish that the defendant(s) had a duty to act reasonably to protect your loved one’s safety, but failed to do so, leading to the fatal injuries. For example, an employer is obligated to maintain a safe work environment for all. If, however, a company’s equipment failed because it was not properly inspected or maintained, this is a breach of their duty to your loved one.

Overall, most accidents are caused by negligence of some sort. The attorneys at Robins Cloud LLP will work diligently to determine who was responsible and bring them to justice.

The Timeline for a California Wrongful Death Case

As with California personal injury cases, the statute of limitations for filing a wrongful death claim is two years. This time period starts on the date of your loved one’s death.

Here's an overview of the legal process for a wrongful death lawsuit in California:

1. Consultation with an Attorney: The process often begins with consulting a qualified attorney experienced in wrongful death cases. The attorney will evaluate the circumstances, gather information, and advise on the legal options available.
2. Filing the Complaint: The attorney, on behalf of the eligible family members, files a complaint in the appropriate California civil court against the party or parties believed to be responsible for the wrongful death. This document outlines the allegations and the basis for the lawsuit.
3. Service of Process: Once the complaint is filed, the defendant(s) must be served with a copy of the complaint and a summons, officially notifying them of the lawsuit and the legal action being taken against them.
4. Response from the Defendant: The defendant has a certain period, typically 30 days in California, to respond to the complaint by filing an answer. In their response, they may deny the allegations and present their defenses.
5. Discovery Phase: Both parties engage in the discovery process. This involves gathering evidence, such as witness testimonies, documents, expert opinions, and other relevant information. Depositions (sworn statements taken out of court) may also be conducted during this phase.
6. Mediation or Settlement Negotiations: Before going to trial, the parties may engage in mediation or settlement negotiations facilitated by a neutral third party to attempt to reach an agreement outside of court.
7. Trial: If a settlement isn't reached, the case proceeds to trial. During the trial, both sides present their evidence, call witnesses, and make arguments to a judge and/or jury. The judge or jury then determines whether the defendant is liable for the wrongful death and, if so, the damages to be awarded.
8. Appeals: Either party may choose to appeal the trial court's decision if they believe legal errors were made that affected the outcome of the case.

While we understand how heavy a burden grief can be, we also don’t want you to miss your chance for justice. Investigating a complex wrongful death claim takes time, and if we are not able to file a case before the statute of limitations runs out, you may not be able to take any legal action at all. Therefore, we advise you reach out to our team sooner than later and let us start working for you.

Our Caring Los Angeles Team Is Here for You

Robins Cloud LLP has built a solid reputation for attaining substantial results for victims of wrongful death. The reason for this is twofold: We are diligent, and we won’t back down from our opponents, no matter how well-funded their legal team. At Robins Cloud LLP, we are here to fight for your rights, and we do everything in our power to help clients obtain the compensation they deserve.

If believe your loved one is a victim of wrongful death, we invite you to reach out to our team to learn more about your legal rights and options. Every consultation is absolutely free, and our attorneys will take the time to understand your case and walk you through our recommended course of action. However, we always leave the final decision up to you.

At Robins Cloud LLP, our clients come first: We will never take an action you don’t approve of, and while we always make sure our clients are well-informed before they make decisions, we abide by their wants and needs. Especially when you are going through one of the hardest times in your life, you need someone on your side who will fight for you. Reach out to our team at any time to see how we can help.

Contact our wrongful death attorneys by calling (800) 691-2363 or sending us an online message. We want to help you navigate this challenging time and understand your full legal rights.