Pasadena Wrongful death attorney in Los Angeles, California Attorney

When a family member is killed because of someone else’s negligence, the grief is overwhelming. On top of the emotional devastation, families face funeral costs, lost income, and a future that has been permanently altered. No legal case can undo what happened, but a wrongful death claim can provide the financial stability your family needs to move forward and hold the responsible party accountable.

At McNally Law Offices, our Los Angeles wrongful death lawyers have spent more than 30 years representing families who lost loved ones in preventable accidents. We handle these cases with the sensitivity they require while pursuing every dollar of compensation the law allows.

What Qualifies as Wrongful Death in California?

Under California Code of Civil Procedure Section 377.60, a wrongful death occurs when a person is killed due to another party’s wrongful act, neglect, or default. The death must have been caused by conduct that would have given the deceased person grounds for a personal injury lawsuit had they survived.

Common wrongful death scenarios we handle include:

• Fatal car, truck, and motorcycle accidents — Collisions caused by drunk drivers, distracted drivers, speeding, or other forms of negligence on LA freeways and surface streets
• Pedestrian and bicycle fatalities — Walkers and riders struck and killed by motor vehicles, particularly at dangerous intersections throughout Los Angeles
• Medical malpractice — Surgical errors, misdiagnosis, medication mistakes, and failures in hospital care that result in death
• Workplace accidents — Construction site fatalities, industrial accidents, and deaths caused by unsafe working conditions where a third party (not just the employer) bears responsibility
• Defective products — Deaths caused by dangerous consumer products, faulty vehicle parts, or recalled items that manufacturers failed to adequately warn about
• Premises liability — Fatal falls, drownings, fires, and other incidents caused by unsafe property conditions

Who Can File a Wrongful Death Lawsuit in California?

California law limits who can file a wrongful death claim. The right to sue belongs to:

The surviving spouse or domestic partner — This is the first priority under the statute.

Surviving children — Biological and legally adopted children have standing to file a claim.

Grandchildren — Only if the deceased person’s children are also deceased.

Others who would be entitled to inherit — If there is no surviving spouse, domestic partner, or children, individuals who would take property under intestate succession laws may have standing. This can include parents, siblings, and other dependents.

Putative spouses and stepchildren — Under certain circumstances, people in these categories may also have the right to file.

Determining who has legal standing is one of the first things we assess during a consultation. If you are unsure whether you qualify, we can help you understand your rights under California’s wrongful death statute.

Damages Available in Los Angeles Wrongful Death Cases

California law allows surviving family members to recover both economic and non-economic damages:

• Loss of financial support — The income and benefits the deceased would have provided to the family over their expected working lifetime
• Loss of household services — The value of cooking, cleaning, childcare, home maintenance, and other contributions the deceased made to the household
• Funeral and burial expenses — Costs already incurred and outstanding balances
• Loss of love, companionship, and moral support — The emotional and relational loss experienced by each surviving family member
• Loss of training and guidance — Particularly relevant when the deceased was a parent of minor children

In a related survival action, the estate may also recover damages the deceased person suffered before death, including pain and suffering, medical expenses, and lost earnings from the date of injury to the date of death.

California does not cap non-economic damages in wrongful death cases (unlike medical malpractice cases, which are subject to MICRA limits). This means juries can award whatever amount they believe fairly compensates the family’s loss.

How We Investigate Wrongful Death Claims

Wrongful death cases demand thorough, aggressive investigation. Our process includes:

• Retaining accident reconstruction experts to determine exactly how and why the fatal incident occurred
• Obtaining police reports, autopsy results, toxicology reports, and coroner findings
• Gathering witness statements, surveillance footage, and electronic evidence
• Working with forensic economists to calculate the deceased person’s lifetime earning potential and the financial impact on survivors
• Identifying all potentially liable parties — individuals, companies, government agencies, and their insurers
• Preserving evidence before it is lost, altered, or destroyed by the responsible parties

We move quickly on wrongful death investigations because evidence degrades over time. The sooner you contact us, the stronger your case will be.

California’s Wrongful Death Filing Deadlines

The statute of limitations for wrongful death claims in California is two years from the date of death. If a government entity was involved — for example, a fatal crash with a city vehicle or on a poorly maintained public road — you must file an administrative claim within six months.

These deadlines are strict. Courts rarely grant extensions. Contacting an attorney within the first few weeks after a loved one’s death ensures that no deadline is missed and that evidence is preserved at the earliest possible stage.

Frequently Asked Questions

Can I file a wrongful death lawsuit if there is a criminal case pending?

Yes. Criminal cases and civil wrongful death lawsuits are separate proceedings with different standards of proof. A criminal case requires proof “beyond a reasonable doubt,” while a civil case only requires a “preponderance of the evidence.” Even if criminal charges are dropped or the defendant is acquitted, you can still win a wrongful death lawsuit.

How long does a wrongful death case typically take?

Most cases resolve within 12 to 24 months, depending on the complexity of the investigation, the number of parties involved, and whether the case settles or goes to trial. We work to resolve cases as efficiently as possible while still obtaining fair compensation.

What if the deceased person was partially at fault?

California’s pure comparative negligence rule applies to wrongful death cases. The family can still recover damages, but the award is reduced by the deceased person’s percentage of fault. For example, if the deceased was found 10% at fault, the family receives 90% of the total damages.

Do I need a separate lawyer from the criminal prosecutor?

Yes. The district attorney represents the state, not the victim’s family. A wrongful death attorney represents your family’s financial interests and pursues compensation that a criminal case cannot provide.

Contact Our Los Angeles Wrongful Death Attorneys

Losing a family member to someone else’s negligence is the hardest thing a family can go through. You should not have to fight an insurance company or a corporation while you are grieving. Let McNally Law Offices handle the legal battle so you can focus on your family.

Call (626) 584-5744 for a free, confidential consultation. We serve families throughout Los Angeles County from our offices in Pasadena and Century City. You pay nothing unless we obtain compensation for your family.