Los Angeles Wrongful Death Attorney
Losing a loved one is heartbreaking. And knowing that your loved one could still have been in your life if it wasn’t for the wrongful act or neglect of another amplifies the pain.
It’s sometimes easy to forget while you’re dealing with the anguish and sorrow of your loss that the passing of a loved one also has financial consequences. There are bills to be paid and you might even find yourself in a difficult financial predicament.
While you go through the healing process, the wrongful death attorneys at Cohen & Marzban can help you to get the compensation you deserve.
With over 45 years of experience, we are one of the top Los Angeles wrongful death attorney firms. Cohen & Marzban has already recovered $2+ billion for our clients and we stand ready to help you too.
24 Hours a Day, 7 Days a Week To Schedule an Appointment.
Let us know if you’re unable to travel to our office. We’ll gladly send one of our lawyers to visit you at home or in hospital, anywhere in Southern California.
Frequently Asked Questions
What if the negligent party was acquitted in a criminal case?
A person could be found liable for wrongful death in a civil case even if he or she was acquitted in a criminal case. The reason is that a lesser burden of proof is required for a civil case.
In a criminal case, the prosecutor must prove that the defendant is guilty beyond a reasonable doubt.
In the majority of California personal injury cases, the plaintiff must prove their case by a preponderance of the evidence. As per CACI 200, this means that what the plaintiff claims happened is more likely true than not true.
What if the deceased was partly to blame for an accident?
Even if the deceased was partly responsible for the accident that took their life, it doesn’t mean that a wrongful death claim can’t be filed. However, it may reduce the amount for damages that can be recovered.
A good wrongful death attorney will be able to advise you on the best course of action.
Who is allowed to file a wrongful death claim in california?
The California Code of Civil Procedure 377.60 allows various parties to file a wrongful death lawsuit. It includes:
- The spouse of the deceased.
- A putative spouse who had a “good faith belief” that he or she was married to the deceased.
- The domestic partner of the deceased.
- Children of the deceased.
- Grandchildren of the deceased (if the deceased children are deceased).
How long do i have to file a wrongful death claim?
Based on the statute of limitation in California, you have two years to file a wrongful death claim.
California Code of Civil Procedure 335.1. “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
What are the main causes of wrongful death?
Every year there are about 173,000 unintentional injury deaths in the United States.
The main causes of wrongful death include the following:
- Slip and fall accidents
- Car accidents
- Medical malpractice
- Motorcycle accidents
- Drowning
- Bicycling accidents
- DUI accidents
- Boating accidents
- Pedestrian accidents
- Elder abuse
- Assault and battery
- Manslaughter
What damages can be recovered?
The damages you may be able to recover can be divided into two categories, namely economic damages and non-economic damages.
Economic damages include:
- Funeral expenses.
- Relevant and related hospital or medical expenses.
- Lost wages, including what the deceased could reasonably have been expected to earn in the future.
- The value of services that the deceased provided, such as child care for example.
Non-Economic damages include:
- Loss of consortium (also called loss of affection). It refers to the deprivation of the benefits of a family relationship.
- The loss of affection, moral support, training, and advice.
The wrongful death lawyers at Cohen & Marzban will be able to provide you with more details of what damages you may be able to recover after examining your case.