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Who Can Sue for Wrongful Death in California Accident?

November 30, 2022 
by LA Injury Group

Finest Los Angeles wrongful death lawyers - The most devastating car accident is when someone dies from his or her injuries. Sad to say that this dreadful scenario occurs because of an individual or multiple people’s negligent actions. 

If your loved one dies in a car accident, nothing or no one can unload the misery and extreme heartache because of your loss. It’s more painful when your family member perished because of someone else’s negligence.  

Even if your deceased loved one can no longer come back, you still have a life to live with the rest of the family. You have to fight for his untimely death and receive compensation for the damages the liable party did to you and your family. 

LA Injury Group will help bring justice to you and the rest of the family. We’ll identify those who are responsible for your loved one’s demise and make them pay for their negligence. Speak with one of our finest Los Angeles wrongful death lawyers. Call (818) 240-1800 and schedule a FREE consultation of your case and for any questions you may have regarding who can sue for your loved one’s wrongful death.

finest Los Angeles wrongful death lawyers

What Is a Wrongful Death Action?

Wrongful death occurs when a person dies because of another person, business, or entity’s negligence. A wrongful death action, on the other hand, pertains to a civil claim to recover damages for compensating the surviving heir(s) for the tragic loss of their loved one. In some cases, the responsible party may also face separate criminal charges.

Filing a wrongful death action against the defendant is a complicated procedure. However, working with the best trial Los Angeles wrongful death lawyer at LA Injury Group will give you confidence and peace of mind that your case is going to be in good hands.

Finest Los Angeles Wrongful Death Attorneys: What are the Major Causes of Wrongful Death?

There are several factors that contribute to a person’s wrongful death because of other people’s recklessness or egregious behavior. It includes:

Vehicle Accidents

Vehicle accidents are the leading cause of wrongful death, involving distracted, intoxicated, fatigued, or aggressive drivers. The vehicles involved can be a car, truck, motor, bicycle, bus, or pedestrian.

Medical Malpractice

When medical providers didn’t demonstrate a “reasonable duty of care” to their patients, they may become liable for medical malpractice, especially when the patient died. Some of these malpractices can result in wrongful death such as misdiagnosis, surgical errors, prescription errors, and delayed diagnosis among others. Depending on the circumstance, the medical institution can be also held responsible.

Defective Products 

This also falls under product liability wherein the person died because of using a defective product. The manufacturer or those in the chain of distribution becomes accountable for the injury or wrongful death of a consumer because of a defect in the design or process during manufacture.

It can also arise from failure to provide a clear label or instructions regarding the risk of using the product.  It also applies to food or medicine without any precautions on the label about its precise expiration date, side effects, or allergic reactions.

Workplace Accidents

Workers or employees are also susceptible to wrongful death due to the nature of their jobs or working environment. Tree cutters and construction site workers are more prone who might fall from great heights or from using defective tools and equipment.

Criminal Perpetration

Wrongful death also occurs due to the premeditated action of a particular person who intentionally harms or kills another person. This also applies to domestic violence and baby shake syndrome.

Who Can File a Lawsuit Following a Loved One’s Wrongful Death?

Generally speaking, those who can file a lawsuit regarding a loved one’s wrongful death are the surviving family. Below is a list of possible people who may file a wrongful death claim for the deceased victim.

Surviving Spouse 

The surviving spouse of the departed victim has the right to file a case and pursues damages. It also includes domestic partners and “putative” spouses who believed they were legally married but the truth is, it is voidable. When the putative spouse thinks they were married and financially dependent on the deceased, she has the right to seek compensation.

Surviving Children

The surviving children of the deceased victim have also the right to seek compensation. Whether you are a biological or an adoptive child, you may file a wrongful death claim. The same goes true for stepchildren who can prove that they are financially dependent on their departed stepfather or stepmother.  


In case your child died without a spouse, child, or children, you may file a wrongful death claim to recover damages. Additionally, you can bring a claim if you can show that you were financially dependent on your child.

Other Heirs

If the decedent has no spouse or children, other family members considered to be possible heirs according to intestacy laws have the right to file a wrongful death claim. These heirs are those who would legally inherit the departed’s property if that person passed away leaving no will.

Consulting our knowledgeable Los Angeles wrongful death lawyer can provide you with more information and help you better understand the legal process. 

What Types of Compensation Can You Get in a Wrongful Death Claim?

The surviving family receives different types of compensation based on how severely the loss of their loved one affected their lives - emotionally and financially. These are:

  • Funeral and burial expenses
  • Financial loss of household services provided by the victim
  • Anticipated financial losses of the surviving family member in the future
  • Loss of the victim’s guidance
  • Loss of companionship, affection, relations, and emotional support from the deceased family member
  • Spouse or partner’s loss of intimacy with their loved one

Need Help? Contact the LA Injury Group Today.

When you need help with filing a wrongful death claim for your deceased loved one, the LA Injury Group will always be here for you. We provide the most comprehensive assistance when it comes to personal injury cases. 

Call us today at (818) 240-1800 for a case evaluation and speak with one of our compassionate but aggressive Los Angeles wrongful death attorneys. We ensure to protect your rights, identify liable parties, and maximize your compensation. We work on a contingency fee basis.

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