California Wrongful Death Lawyer
If your loved one’s death was caused by someone else’s negligence, a California wrongful death attorney can help you pursue a legal claim against those responsible. This may include economic damages resulting from funeral expenses, burial costs, and financial support to replace the loss of family income resulting from your loss.
When pursuing a wrongful death claim, a California wrongful death lawyer can significantly increase your chances of securing full, fair compensation. While no sum could ever fully offset your unfathomable loss, a wrongful death lawsuit may ease your financial strain during this difficult time.
Landsem Law Office is committed to helping people and families recover after the loss of a loved one. Whether through a car accident or personal injury case, our team of wrongful death lawyers is here to help.
Our 4-Point Promise:
No Fees Unless You Win
At Landsem Law Office, we believe everyone deserves access to justice, regardless of their financial situation. That’s why we work on a contingency fee basis, meaning you don’t owe us anything unless we successfully recover compensation on your behalf. This ensures your case gets the attention it deserves without any upfront costs.
Free Consultations
We offer free, no-obligation consultations to help you understand your legal options and what steps to take next. During your consultation, our experienced legal team will listen to your concerns, assess your case, and provide clear guidance so you can make informed decisions going forward.
Flexible Appointments
We know life doesn’t pause for legal matters. That’s why we offer flexible appointment times, including evenings and weekends, to accommodate your schedule. Whether you prefer in-person meetings, phone calls, or virtual consultations, we’ll find a time that works for you.
If someone you love lost their life as a result of another person’s negligence, Landsem Law Office can help. Call (530) 605-3744 for a free consultation with a California wrongful death lawyer today.
What does “wrongful death” mean?
While any sudden loss of life is tragic, a death is classified as a wrongful death only when it results from another party’s negligence. Careless actions, recklessness, or a failure to uphold basic safety standards can all form the basis for a wrongful death claim.
Such claims may arise from a variety of personal injury events, including:
Car accidents
Motorcycle collisions
Trucking accidents
Slip-and-fall accidents
Workplace injury
Wrongful death claims are typically filed against the individual or entity believed to be at fault. Other parties, insurance companies, employers, product manufacturers, and so on, may also become involved if they bear legal responsibility or have an obligation to provide coverage.
While the at-fault party is usually held legally liable, financial compensation is often paid through their insurance provider, particularly in situations like auto accidents. In some cases, liability may be shared by others depending on the facts, for example, an employer’s negligence or a defective product could contribute to the fatal incident.
Because wrongful death cases are often complex and may involve multiple defendants and legal issues, it’s strongly recommended that families seek the guidance of an experienced attorney. Legal counsel can offer essential support in navigating the claims process and pursuing the compensation your family is entitled to.
To speak with a knowledgeable attorney, contact Landsem Law Office at (530) 605-3744 for a free consultation.
How To File a Wrongful Death Lawsuit in California
To file a wrongful death lawsuit in California, the process typically begins with consulting an experienced wrongful death attorney who can help assess your eligibility to bring a claim. Eligible parties often include the deceased person’s spouse, domestic partner, children, or others who were dependent on them.
Your wrongful death attorney will investigate the circumstances, collect evidence (police or accident reports, medical records, and witness statements), and send a demand for compensation to the responsible party or their insurer. If a settlement cannot be reached, a lawsuit is officially initiated by filing a complaint in the appropriate California court, outlining the facts, legal grounds, and damages sought.
A critical aspect of any wrongful death case in California is the statute of limitations, the legal deadline to file suit. In most cases, you must file the lawsuit within two (2) years of the date of the victim’s death. If the death arose from medical malpractice, the deadline may be one year from when the cause was discovered, or three years from the date of death, whichever is earlier.
Landsem Law Office offers compassion, competence, and careful legal stewardship at the time you need it most. Call our team today for your free consultation: (530) 605-3744.
IMPORTANT NOTE: There are additional exceptions for claims against government entities and for cases involving minors. Missing the statute of limitations will generally result in your claim being dismissed, making timely action essential.
Frequently Asked Questions About California Wrongful Death Cases
How long does a wrongful death lawsuit usually take?
The duration of a wrongful death lawsuit can vary from several months to several years, depending on the circumstances. If both parties can agree to a settlement before filing a lawsuit, a resolution may be reached in a few months. Cases involving clear liability also tend to settle more quickly.
When there is disagreement over fault or damages, resolution may require litigation: a legal process that can take years, particularly if there is a lengthy discovery phase and/or trial delays. Fortunately, cases often settle faster and for greater amounts when experienced wrongful death attorneys represent plaintiffs. To discuss your case through a free case consultation, call Landsem Law Office.
How is a wrongful death lawsuit won?
To succeed in a wrongful death lawsuit, the plaintiff must first demonstrate that the defendant’s negligence directly caused the death. This involves several key elements:
Duty of care (and breach of that duty): Establishing that the negligent party had a responsibility to look after the deceased person, and that their failure to do so resulted in their death;
Causation: Showing that the accident was a direct result of their negligence, either in full or in part, and finally
Damages: Demonstrating the costs, both economic and non-economic, of the wrongful death on the surviving family members.
Wrongful death cases can place a heavy emotional and financial burden on families. At Landsem Law Office, we aim to ease that burden by working on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf. Call (530) 605-3744 to schedule a consultation and learn how we can help.
Who can bring a wrongful death lawsuit in California?
In California, a wrongful death lawsuit can generally be brought by the following parties:
Surviving spouse or registered domestic partner of the deceased
Children (biological or legally adopted) of the deceased
Grandchildren (if the deceased’s children are also deceased)
Other dependents who were financially dependent on the deceased (such as stepchildren, minors in the household who relied on the deceased for at least half of their support, or putative spouses, those who reasonably believed they were married to the deceased)
Parents of the deceased, if there is no surviving spouse, domestic partner, or children
Personal representative of the deceased’s estate if no immediate family or dependents are available to file.
California law requires that all eligible heirs and beneficiaries be included in a single wrongful death claim, as multiple lawsuits over the same death are not permitted. The right to file prioritizes the closest relatives, but if none exist, other financial dependents or heirs may be eligible.
To discuss potential beneficiaries in a California wrongful death suit, call Landsem Law Office: (530) 605-3744.
Is wrongful death a crime?
No. Wrongful death is a civil matter, not a criminal offense. It allows specific surviving family members or the estate of the deceased to pursue financial compensation when someone’s death is caused by another party’s negligence, wrongful act, or failure to act. Although the incident may also involve criminal behavior, such as manslaughter or homicide, a wrongful death lawsuit is legally separate from any criminal trial or prosecution.
The primary goal of a wrongful death claim is to compensate survivors financially, not to punish the responsible party with criminal penalties like jail time or probation. Damages in a wrongful death case may include compensation for medical expenses, pain and suffering, and loss of household income caused by the death. The defendant will not go to jail as a result of the wrongful death lawsuit.
Will I be taxed on the amount I receive from a wrongful death lawsuit?
Under IRS Rule 1.104-1, most wrongful death settlements are not taxable at the federal or California state level, as they are treated as compensatory damages for personal injuries or physical illness. This often covers medical and funeral costs, loss of companionship, and emotional distress directly tied to the death.
However, there are important exceptions. Punitive damages, which are awarded to punish the wrongdoer rather than compensate survivors, can be subject to tax, as is any interest earned on the settlement before distribution. You may need to declare any amounts awarded for lost income if the wages would have been taxable to the deceased. Finally, any medical expenses previously claimed as tax deductions on your personal tax returns may result in a tax burden.
DISCLAIMER: This information is intended for general education only, and not as binding financial or legal advice. Always consult a qualified accountant or tax attorney for advice tailored to your specific situation.
How can I find the best wrongful death attorney near me?
Selecting the right wrongful death attorney is one of the most critical choices you’ll make after the death of a loved one. Your wrongful death lawyer will serve as your advocate throughout every stage of the legal process, and may significantly influence your financial future. Wrongful death settlements can be substantial, and working with a skilled, compassionate law firm, like Landsem Law Office, can make a meaningful difference.
While the “best” wrongful death attorney may be somewhat subjective, there are important factors to consider when looking for an attorney to represent you. Look for those with a strong background in personal injury law and a proven record of success. Take time to read client reviews, and seek referrals from people who have worked with the firm. Many attorneys offer free consultations; use these opportunities to assess their communication style, attentiveness, and approach.
Your California wrongful death lawyer should make you feel heard, understood, and supported. You should feel comfortable sharing your story and confident in their ability to represent your interests. They’ll be responsible for investigating the facts, building your case, and negotiating with insurers on your behalf.
Call Landsem Law Office today to discuss your wrongful death case: (530) 605-3744.
