Jessica Burgoyne, leveraging a deep background in research methods and a passion for legal issues, distills complex legal concepts into accessible insights. With over 100 published articles, her work has been featured in Forbes Advisor and other respected publications. Her work, underpinned by rigorous research and a commitment to quality, offers readers trustworthy, actionable information.
Jessica Burgoyne
Jessica Burgoyne, leveraging a deep background in research methods and a passion for legal issues, distills complex legal concepts into accessible insights. With over 100 published articles, her work has been featured in Forbes Advisor and other respected publications. Her work, underpinned by rigorous research and a commitment to quality, offers readers trustworthy, actionable information.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
No matter how much culture and entertainment Los Angeles offers, if you’ve lost a loved one, it can be hard to cope. It’s even more difficult if your loved one was in an accident or died due to someone else’s mistake.
If you’re looking for a wrongful death attorney in Los Angeles, check out our list.
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Best Wrongful Death Accident Attorneys in Los Angeles
Compare Our Top Attorneys
Filing a Wrongful Death Lawsuit in California
The loss of a loved one is one of the things we dread the most. If you’ve suffered a loss, you may not immediately be thinking about bringing a lawsuit. Unfortunately, the clock is ticking, and you only have a certain amount of time. Speak with an attorney as soon as you’re able for the best chance of getting justice for your loved one.
Who Can Bring a Wrongful Death Suit in California?
Not just anyone can file a wrongful death lawsuit. In California, the people who can bring this action are as follows:
- Surviving spouse
- Surviving domestic partner
- Surviving children
- Surviving grandchildren
- Any minor who lived with the deceased for the previous 180 days and relied on them for at least half of their support.
If none of the above exist, then the person or people who would receive the deceased’s property under California’s intestate succession laws.
What Counts as a Wrongful Death?
A wrongful death happens when one party (like a person or a company) acts in a way that causes harm to another party, and that action leads to the death of the second party.
However, just because Person A caused the death of Person B does not necessarily mean that Person A is liable for wrongful death. At least one of the following must be present to establish liability:
- Negligence
- Gross negligence
- Recklessness
- An intentional wrongful act
Many different sorts of actions can lead to death, but here are some of the more common:
- Vehicle accidents, including car, truck and motorcycle accidents
- DUI offenses
- Mass transportation accidents, such as plane, bus, or train accidents
- Dangerous products
- Dangerous premises
- Medical malpractice
- Assault and battery
- Abuse or neglect
California Statute of Limitations
The statute of limitations refers to how long you have after someone’s death to bring a lawsuit. In California, the wrongful death statute of limitations is two years from the date of death. If it has been more than two years, you may be outside the statute of limitations, but it’s worth consulting an attorney to see what options are available.
Identifying Fault in a Wrongful Death Case
California is a pure comparative negligence state. This means that everyone involved in a situation that led to wrongful death may bear some responsibility. The court determines how much fault is assigned to each side. For example, imagine that Person C ran a red light and hit and killed Person D, who was texting while driving. The court may determine that Person C is 75% responsible for running the light, but Person D was 25% responsible due to their distracted driving.
In a wrongful death case, Person D’s family cannot collect more than 75% of damages, because Person D bore some responsibility for the accident.
How Can an Attorney Help You?
Lawsuits are long and sometimes messy processes, especially those involving death. Working with an attorney is highly recommended for the following reasons:
- An attorney can help handle the paperwork. There are specific filing procedures in a lawsuit, and it’s very difficult for someone without a legal background to keep track. Your attorney can handle this paperwork for you.
- An attorney can provide clear-headed advice. In the aftermath of the death of a loved one, no one could blame you for not thinking straight. Your attorney provides you with advice that looks at the big picture, instead of being overwhelmed with grief.
- An attorney can negotiate a settlement or take your case to court. Many personal injury cases end in a settlement, rather than going to court. But the amount of that settlement can vary drastically. A lawyer has experience negotiating the value of these settlements. If a settlement can’t be reached, a lawyer can assist you in court.
- An attorney can be a local contact if you don’t live in the area. The wrongful death case will take place in the state where the death occurred. If this isn’t your home state, you can plan to spend a substantial amount of time in that state to resolve the case. An attorney in the city or state where your loved one was killed can handle much of this for you.
How to Find the Best Wrongful Death Accident Lawyer in Los Angeles, CA
There’s no such thing as the best attorney for every situation. It’s important that you evaluate each attorney to ensure that you’ll work well together.
- Make sure they have experience in wrongful death cases. Wrongful death cases are different from other personal injury cases, and you want to ensure that the attorney you choose has experience in this particular area.
- Take advantage of free consultations. Most personal injury attorneys offer a free initial consultation. Many even offer them over Zoom. Use this time to gauge whether an attorney is a good fit for you.
- Don’t be afraid to ask questions. Your attorney is there to help you and should be glad to answer any questions you might have. If you feel as if your questions aren’t being taken seriously, it might be time to move on.
Methodology
To come up with the best wrongful death lawyers in Los Angeles in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Can multiple family members file wrongful death lawsuits?
Under California’s one action rule, multiple family members can bring a single lawsuit, but only one lawsuit can be filed. If a second case is filed for the same action, the court will join the new suit to the existing one. After damages are awarded, the court will determine how they will be distributed.
If there is a criminal case pending, will a wrongful death case also be filed?
No. A wrongful death case is a civil case, rather than a criminal one. A civil case is filed if a family member (or other successor, as mentioned above) files it. If there is a criminal case pending, speak to a qualified attorney before making any decisions about a wrongful death case.
How much is my wrongful death case worth?
It’s impossible to answer this question without information about your specific case. In the past, wrongful death cases in California have ranged from the thousands into the multi-millions. This is another area where a skilled wrongful death lawyer is important. Your attorney can help ensure you receive a fair settlement.
