Los Angeles Wrongful Death Attorneys
Wisner Baum Prioritizes Kind, Compassionate Legal Counsel
At Wisner Baum, we know that no one expects to suddenly lose a family member, life partner, or dear friend. Unfortunately, it does happen — sometimes because of another party’s negligence.
If negligence caused the untimely death of someone in your family, you may be able to file a wrongful death claim to seek justice and compensation for this preventable tragedy. We know legal action is likely the last thing on your mind when you are mourning a loved one, so let our attorneys provide you with compassionate legal counsel and fight to bring the at-fault party (or parties) to justice on your behalf.
Contact Wisner Baum online or call (855) 948-5098 today to consult with our team of compassionate wrongful death attorneys in Los Angeles, CA.
Accidents That Cause Wrongful Death
Any death that has occurred as a result of another party’s negligence is considered a “wrongful death” in the eyes of the law.
Thus, wrongful death claims can arise from many different accidents, including but not at all limited to:
- Truck accidents
- Car accidents
- Aviation accidents
- Bus accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Bridge collapses
- Building collapses
- Train accidents
- Pharmaceutical drugs
- California wildfires
- Structure fires
Since wrongful death claims are so wide-ranging, it is essential to work with an attorney experienced in the specific type of accident that caused your loved one’s death. Wisner Baum is home to lawyers with decades of experience and skill litigating in a wide variety of practice areas. With varied backgrounds and areas of expertise, your case is in good hands with us.
Call our Los Angeles wrongful death attorneys at (855) 948-5098 today for a free, no-obligation case evaluation with our personal injury team.
The Most Common Causes of Wrongful Death in California
Car Accidents
According to recent crash data from the Insurance Institute for Highway Safety, California ranks #2 in the U.S. for both number of fatal car accidents and number of car accident deaths, seeing an average of 10.9 car accident deaths per 100,000 people.
The city with the highest number of car accident fatalities in 2022 was Los Angeles, with 506 auto accident deaths, followed by San Diego (208 fatalities), San Francisco (142 fatalities), and Sacramento (128 fatalities). The most common cause of these accidents was speeding, followed by distracted driving, failure to yield, and driving under the influence (DUI).
Truck Accidents
According to truck crash statistics from 2022, California ranks #2 in the U.S. for total number of truck accidents (13,603), truck accident injuries (4,172), and truck accident fatalities (459).
On average, around 2.8% of all truck accidents nationwide result in at least one death, with occupants of other vehicles making up 72% of those fatalities, followed by truck drivers (17%) and other individuals like pedestrians and bicyclists (11%).
Related: Truck Hotspots in the Los Angeles Area
Firearm Deaths & Homicide
According to data from the Public Policy Institute of California, homicides in California increased by 33.9% in 2022 when compared to 2019, with gun-related homicides increasing by nearly 38%. Although the number of homicides in Los Angeles has continued to drop in recent years, there were still hundreds of homicides in the city in 2022, totaling 382 deaths.
According to data from the CDC, California had the highest number of homicide-related deaths in the U.S. in 2021, with a total of 2,495 deaths. When considering California’s population size, however, the state ranks 20th for homicide mortality (6.4 deaths per 100,000 people).
Wrongful Death: Civil vs. Criminal Liability
Filing a wrongful death lawsuit is an option available for individuals who have lost a loved one due to the carelessness or negligence of someone else. The process involves bringing a civil lawsuit against the individual, company, or entity responsible for the death.
Importantly, a wrongful death lawsuit can be filed regardless of whether criminal charges have been brought against the defendant or not. This is because the criminal justice system and civil justice system operate independently of each other. While a criminal case seeks to punish the wrongdoer for violating the law, a civil lawsuit aims to compensate the victim's family for the losses they have suffered. A wrongful death lawsuit is not a homicide trial.
In criminal cases, the prosecution must prove beyond a reasonable doubt that the defendant is guilty of a crime (e.g., vehicular manslaughter). However, in civil cases, where the goal is to hold the responsible party accountable for damages and compensation, the burden of proof is lower; the plaintiff must prove their case by a preponderance of evidence, meaning that it is more likely than not that the defendant caused the wrongful death.
Regardless of the circumstances that led to your loved one’s death, it is important to seek the counsel of a qualified wrongful death lawyer in Los Angeles who can guide you through the process and help you understand your rights and the legal grounds on which to pursue your case.
Learn How Wisner Baum Can Fight for You
Simply put, the sooner you contact a lawyer at Wisner Baum, the better.
Our Los Angeles wrongful death lawyers will be able to help you avoid missing any important deadlines and can take steps to lay a strong foundation for your case, from assisting you in identifying the at-fault party to determining whether to file your case in a federal or state court. We will also ensure your loved one’s probate estate is opened, when appropriate, and that any and all notice provisions are taken care of.
Wisner Baum’s legal team fights for the rights of wrongful death claimants and has a record of winning high-profile cases. We understand that nothing can make up for the loss of a family member, but if negligence was a factor in their untimely death, the party responsible should be brought to justice.
Call our Los Angeles wrongful death attorneys today at (855) 948-5098 for a free, no-obligation case evaluation.
Los Angeles Wrongful Death FAQ:
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What Compensation Can I Receive in a Survival or Wrongful Death Lawsuit?
In California, the representative of the estate of a decedent may recover compensation for damages beginning at the time the negligence took place up until the actual time of death, such as medical expenses, funeral bills, and punitive damages where appropriate. In addition, wrongful death claimants may recover damages including lost wages, mental suffering, and for the loss of the comfort, society, companionship, and guidance they would have received from their loved one.
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Can I File a Wrongful Death Lawsuit?
Different states have different laws governing who may file a wrongful death lawsuit. In the state of California, widows, widowers, or registered domestic partners, and children of a decedent may be able to seek compensation in a wrongful death claim. Parents or siblings may also be able to file wrongful death lawsuit under certain circumstances.
If you are unsure if you are eligible to file a claim, consult with a Los Angeles wrongful death lawyer as soon as you are able. Some cases may be governed by a statute of limitations, which specifies how long plaintiffs have to pursue a claim, so it is in your best interest to contact an attorney quickly.
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How Long Do I Have to File a Wrongful Death Lawsuit in California?
In California, the statute of limitations allows wrongful death claimants two years from the date of death to file a claim. One common mistake that claimants make is waiting too long to begin legal action, believing the statute of limitations seems to extend far into the future and they will have time to address the matter later. It takes time to build a case and file a complaint, so the sooner your wrongful death lawyer can begin work, the better.
There could be additional deadlines you are required to meet as well. For example, an administrative claim must be filed in order to pursue legal action if your loved one died in an accident involving a government entity. You must file these claims six months from the date of the injury.
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Who Can Bring a Wrongful Death Claim in California?
In California, a wrongful death claim can be brought by the following individuals:- Surviving spouse - The surviving spouse of the deceased person has the first right to bring a wrongful death claim.
- Domestic partner - If the deceased person had a registered domestic partner, the domestic partner may bring a wrongful death claim.
- Children - If the deceased person had children, the children may bring a wrongful death claim.
- Grandchildren - If the deceased person's spouse, domestic partner, or children are no longer living, the deceased person's grandchildren may bring a wrongful death claim.
- Other dependents - If the deceased person had other dependents who relied on them for financial support, such as stepchildren or parents, those individuals may bring a wrongful death claim.
- Personal representative - If there are no surviving family members who can bring a wrongful death claim, the personal representative of the deceased person's estate may bring the claim.
It's important to note that under California law, only one wrongful death claim can be filed for each deceased person. If multiple individuals have the right to bring a wrongful death claim, they must either join together in a single claim or file separate claims and coordinate their efforts.
Our Case Results
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$265 Million Settlement Fatal Train Crash
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.
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$14 Million Settlement A Major US Plane Crash
Wisner Baum obtained a $14 million settlement for the death of a passenger in a major US plane crash.
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$12 Million Settlement Helicopter Crash
Wisner Baum secured a $12 million settlement for a passenger who was injured in a helicopter crash.
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$10 Million Settlement A Major Foreign Plane Crash
Wisner Baum obtained a $10 million settlement for the death of a passenger in a major foreign plane crash.
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$2.0 Billion Verdict Personal Injury
In May of 2019, the jury in the case of Pilliod et al. v, Monsanto Company ordered the agrochemical giant to pay $2.055 billion in damages to the plaintiffs, Alva and Alberta Pilliod, a Bay Area couple in their 70s.
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$80 Million Verdict Personal Injury
Wisner Baum attorneys served on the trial team in the case of Hardeman v. Monsanto Company, which resulted in an $80 million jury verdict for the plaintiff, Edwin Hardeman.
Client-Focused Representation
REVIEWS & TESTIMONIALS
We believe our track record speaks for itself. But you don’t have to take our word for it. See what our clients have to say about working with us.
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Multiple lawyers recommended Wisner Baum to me and I have been consistently impressed with the quality of their work.
- Best Law Firms Survey -
Wisner Baum are not only amazing attorneys but more importantly, they are activists. They are about changing the systems which got us into trouble in the first place. They understand their role in the process of making change.
- Kim Witczak -
The Wisner Baum firm has some of the top legal minds in the country; they are driven, determined, trustworthy, ethical and passionate.
- From Best Lawyers® Best Law Firms