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Wrongful Death

Seeking justice after a wrongful death in Los Angeles? A trusted wrongful death attorney is here to protect your family’s rights. Contact us for a free evaluation.

Wrongful Death

Wrongful Death

When a family member dies in an accident that never should have happened, the law does provide a way to hold the responsible parties accountable and seek financial support for the devastating losses you're facing. At My Lawyer Manwel, we approach every wrongful death case with the sensitivity it deserves while fighting aggressively to get families the compensation they need to move forward. These claims can cover everything from funeral expenses and lost income to the emotional suffering that comes with losing a spouse, parent, or child. Have you been looking for a wrongful death claim lawyer in Los Angeles? Read more to find out who can file a wrongful death claim in California and how the legal process works during an already difficult time.

Seeking justice after a wrongful death in Los Angeles? A trusted wrongful death attorney is here to protect your family’s rights. Contact us for a free evaluation.

Who Has the Legal Right to File a Claim in California

California law is very specific about who's allowed to bring a wrongful death case to court, so you'll want to understand these rules before taking any legal action. The surviving spouse or domestic partner has first priority, followed by the deceased person's children. If there's no spouse or children, the right passes to whoever would inherit the property. That typically means parents or siblings. Stepchildren can also file a claim, but they have to have been financially dependent on the deceased at the time of death. The same rule applies to putative spouses, meaning someone who genuinely believed they were legally married, even if the marriage turned out to be invalid. A wrongful death lawyer in Los Angeles can review your family structure and determine exactly where you stand in terms of filing rights. When minor children have a claim, a guardian ad litem steps in to bring the case on their behalf and acts in their best interests throughout the legal proceedings. Something that surprises a lot of families is that multiple eligible survivors don't have to file separately. They can join together in a single lawsuit, which keeps the case organized and prevents conflicting claims from working against each other. Courts prefer to resolve all related claims efficiently, so they'll encourage families to coordinate efforts from the start.

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Wrongful Death

Types of Compensation Available to Grieving Families

A successful wrongful death case results in compensation for both economic and non-economic damages, and together these should reflect the full impact of your loss. Economic damages cover the income your loved one would have earned over their expected lifetime. To calculate this, you'd look at their salary, benefits, and potential raises they would have received over the years. Funeral and burial costs are included here as well, along with any medical expenses that occurred between the injury and death. Even the household services your family member provided, everything from cooking meals to keeping up the home, carries monetary value that juries can award. There are non-economic damages as well, which focus on the losses you can't put a price tag on but that devastate families all the same. A spouse's companionship, comfort, and moral support leave behind a void that money can't fill. Still, the law recognizes these losses and believes they deserve acknowledgment. Children who lose a parent can recover damages for the guidance, training, and nurturing they'll now go without. A wrongful death attorney in Los Angeles will document each category of damage thoroughly because insurance companies look for any excuse to minimize what they pay.

How These Cases Differ From Criminal Proceedings

It's common for families to expect that the criminal justice system will handle everything if someone caused their loved one's death. In reality, civil wrongful death cases and criminal prosecutions run on completely separate tracks. A prosecutor might decline to file criminal charges even when clear negligence existed because proving guilt beyond a reasonable doubt is an extremely high bar. Your wrongful death lawsuit only requires showing that the defendant more likely than not caused the death through their negligent or wrongful actions, which is called the preponderance of evidence standard. The goal of a criminal case is to punish the offender through fines or imprisonment. A civil case has a completely different purpose. It's focused entirely on compensating the family for their losses. Both proceedings can happen simultaneously, and neither one depends on how the other turns out. O.J. Simpson is the most well-known example of this. He won his criminal trial, but the victims' families brought a civil wrongful death case against him and won. Working with a wrongful death law firm ensures that your civil case moves forward on its own timeline, regardless of what happens in the criminal system. You deserve financial recovery for your losses, whether or not the responsible party ever sees the inside of a jail cell.

The Timeline for Filing and Why Delays Can Hurt Your Case

You have two years from the date of death to file a wrongful death lawsuit in California. Miss that deadline and you'll almost certainly lose your right to recover any compensation at all. Courts want disputes settled while the evidence is still fresh and witnesses can recall what happened. Two years might sound like plenty of time when you are deep in grief, but the months pass quickly, and building a strong case requires significant preparation. Evidence disappears as time goes on, with surveillance footage getting deleted, physical conditions at accident scenes changing, and witness memories fading. A wrongful death law firm will begin investigating immediately to preserve critical evidence before it vanishes. Certain circumstances can extend or shorten the filing deadline, including cases involving government entities where you must file an administrative claim within six months. If the death resulted from a criminal act and the defendant is charged, the statute might pause until criminal proceedings conclude. Children and mentally incapacitated individuals may have different deadlines that apply to their situations. The safest approach is to contact a wrongful death lawyer in Los Angeles as soon as you can manage it so that nothing jeopardizes your ability to pursue justice. Waiting until you are ready emotionally makes sense, but waiting until you miss your legal window creates a tragedy on top of a tragedy.

Are You Looking for a Wrongful Death Lawsuit Attorney in Los Angeles, CA?

Your family didn't ask to be in this situation, and you shouldn't have to figure out the legal system alone while grieving. My Lawyer Manwel has helped countless families pursue wrongful death claims and recover the compensation they need to rebuild their lives. We handle every aspect of the case so you can focus on your family during this difficult chapter. Call us today for a consultation where a wrongful death attorney in Los Angeles will listen to your story and explain your legal options without any pressure or obligation.

Customer Reviews

At My Lawyer Manwel, we fight for your rights in personal injury and employment law. See what our clients say about working with us.

I contacted My Lawyer Manwel for help with an employment dispute, and I’m very pleased with the service I received. He was knowledgeable, honest, and supportive throughout the entire process. Manwel kept me informed and handled negotiations with confidence and professionalism. He made a difficult situation much easier to manage and achieved a positive resolution. I would not hesitate to recommend My Lawyer Manwel to anyone needing experienced and reliable legal representation.

Kevin O.

Glendale, CA

My Lawyer Manwel was incredibly helpful during my personal injury case. After my accident, I felt stressed and unsure of what to expect. Manwel explained everything in simple terms and was always available to answer my questions. He handled the legal details with professionalism and care, allowing me to focus on recovery. The settlement he secured helped cover my medical expenses and eased my financial worries. I truly appreciate his dedication and highly recommend his services.

Heater J.

Woodland Hills, CA

I had a great experience working with My Lawyer Manwel on an employment law matter. He listened carefully to my concerns and provided clear, honest advice. Manwel was always responsive and made sure I understood every step of the process. He handled my case professionally and worked hard to protect my rights. The outcome was fair and allowed me to move forward with confidence. I’m very grateful for his help and would recommend My Lawyer Manwel to anyone facing workplace legal issues.

Carlos A.

Los Angeles, CA

My Lawyer Manwel provided excellent support during my personal injury case. From the beginning, he was professional, patient, and very knowledgeable. He took the time to explain my rights and the legal process clearly, which made me feel confident and informed. Manwel handled all communication with the insurance company and kept me updated throughout the case. His dedication and attention to detail truly stood out. Thanks to his hard work, my case had a positive outcome. I highly recommend My Lawyer Manwel to anyone needing a trustworthy personal injury attorney.

Linda W.

Saugus, CA
FAQ

Your Legal Questions Answered

FAQ
What should I do before signing a severance agreement?

Don't sign without carefully reviewing all of the terms, including release of claims, non-disparagement clauses, and confidentiality provisions. You usually have the right to consult with an attorney who can negotiate better terms on your behalf.

Are non-compete agreements enforceable?

Enforceability varies dramatically by state, with some banning them entirely and others enforcing them when reasonable in scope and duration. Recent legal trends have moved toward limiting these agreements. Having an attorney review your specific agreement is essential.

What is the process for filing an employment discrimination claim?

Most discrimination claims must first be filed with the Equal Employment Opportunity Commission or your state's equivalent agency before pursuing a lawsuit. Strict deadlines apply, often within one hundred eighty to three hundred days of the discriminatory act.

How do I know if I've been misclassified as an independent contractor?

Misclassification occurs when employers label workers as contractors to avoid providing benefits owed to employees. The determination depends on factors like company control over your work, schedule flexibility, and who provides tools and equipment.

What protections exist for whistleblowers?

Numerous federal and state laws protect employees who report illegal activity, safety violations, or fraud from employer retaliation. Whistleblowers may be entitled to reinstatement, back pay, and other remedies if they face adverse employment actions.

Can my employer change my job duties or cut my pay?

Generally speaking, employers have some flexibility to modify duties and compensation, but they can't make any changes that violate contracts, discriminate, or constitute retaliation. Sudden changes following a complaint or protected activity may raise legal concerns.

What is a hostile work environment?

A hostile work environment exists when unwelcome conduct based on a protected characteristic is pervasive or severe enough to create an intimidating or abusive workplace. This goes beyond occasional rudeness and must materially affect your ability to do your job.

Am I entitled to overtime pay?

Under the Fair Labor Standards Act, the majority of employees working more than forty hours per week must receive overtime pay at one and a half times their regular rate. However, certain exemptions apply based on salary level and job duties, which employers sometimes misapply.

What is wrongful termination?

Wrongful termination happens if an employee is fired in a way that violates federal or state laws, employment contracts, or public policy. Examples include being fired due to discrimination, retaliation for whistleblowing, or refusing to engage in illegal activities.

Can I be fired for filing a complaint against my employer?

Federal and state law prohibit employers from retaliating against employees who report illegal conduct or file discrimination complaints. Retaliation can include termination, demotion, or creating a hostile environment. If you experience retaliation, you may have an additional legal claim.

What should I do if I'm being harassed at work?

Document every incident in detail. That includes dates, times, witnesses, and what occurred. Report the harassment through your company's internal complaint process and keep copies of all communications. If internal channels don't resolve the issue, consulting with an attorney is an important next step.

What constitutes workplace discrimination?

Workplace discrimination occurs when an employer treats someone unfavorably because of a protected characteristic like race, gender, age, religion, disability, or national origin. This can include hiring and firing decisions, promotions, pay, job assignments, and harassment.

Will my personal injury case affect my health insurance?

If your health insurance paid for any treatment that's related to your injury, they may have a right to reimbursement from any settlement through a process called subrogation. Your attorney can often negotiate these liens down to maximize what you keep.

What is the difference between a settlement and a verdict?

A settlement is an agreement that is reached outside of the court, where the at-fault party agrees to pay compensation in exchange for releasing liability. A verdict is a decision that's made by a judge or jury after a trial determines the outcome.

Can I handle a personal injury claim without hiring an attorney?

While you can represent yourself, insurance companies often take advantage of unrepresented claimants with lowball settlements. Studies show that injured individuals who hire attorneys recover significantly more compensation even after paying legal fees.

How long does a personal injury case typically take?

The timeline varies depending on the complexity of your case, the severity of injuries, and whether it settles or goes to trial. Simpler cases may resolve in a few months, while complex litigation can take several years.

What if the at-fault party doesn't have insurance?

You may still have options, including your own uninsured or underinsured motorist coverage if the incident involved a vehicle. An experienced attorney can identify all of the potential sources of compensation available to you.

How is fault determined in a personal injury case?

Fault is normally established by examining evidence like police reports, medical records, witness statements, and expert testimony. Your attorney will investigate the circumstances to build a compelling case. In some states, you may still recover damages even if you were partially at fault.

What should I do immediately after an accident?

First, get medical attention even if you feel okay, as some injuries don't show symptoms right away. Document everything, including photos of the scene and witness contact information, and avoid giving recorded statements to insurance companies before talking to an attorney.

Do I need to go to court for my personal injury case?

Most personal injury cases are settled out of court via negotiations with insurance companies or the opposing party. However, if a fair settlement cannot be reached, taking your case to trial may be necessary to obtain the compensation you deserve.

Do I need to go to court for my personal injury case?

Most personal injury cases are settled out of court via negotiations with insurance companies or the opposing party. However, if a fair settlement cannot be reached, taking your case to trial may be necessary to obtain the compensation you deserve.

What compensation can I recover in a personal injury case?

Victims can recover damages for medical expenses, lost wages, emotional distress, pain, and suffering or loss of enjoyment of life. In cases involving egregious conduct, punitive damages may also be available to punish the wrongdoer.

How long do I have to file a personal injury claim?

Every state has a statute of limitations that sets a deadline for filing personal injury lawsuits, typically ranging from one to four years depending on where you live. Missing this deadline almost always means losing your right to pursue compensation, so consult with an attorney as soon as possible after your injury.

What qualifies as a personal injury case?

A personal injury case is when someone suffers harm because another party was negligent, reckless, or engaged in intentional misconduct. A few examples include car accidents, slip and falls, medical malpractice, and workplace injuries. If someone else's actions led to your injury, you may have grounds for a claim.