Wrongful Death

There’s nothing as traumatic and heartbreaking as the sudden, unexpected loss of a loved one. The Death of a child, spouse, domestic partner, parent, or sibling is not only shocking and life-altering, but it can also burden you with overwhelming logistics and financial pressures.

And when that tragedy could have been avoided—when it happened due to someone else’s irresponsibility, carelessness, or ill intent—the distress and frustration are magnified. Wrongful Death can occur because of unsafe conditions on the job, a traffic collision with an intoxicated or distracted driver, medical error or malpractice, defective products or machinery, reckless behavior during recreation (such as skiing or boating), and, in some cases, malicious acts.

Wrongful Death is the legal term for a fatality that results from the wrongdoing or negligence of another party, whether an individual, company, or agency. 

The skilled and caring wrongful death attorneys at Balaban & Spielberger have won more than $250 million for individuals and families who have suffered injury or loss of life due to the carelessness or misconduct of others. We’re passionate advocates for people struggling to get the compensation they need to heal and rebuild their lives. We are always available to review your case, and we don’t get paid unless you recover damages.

Filing a wrongful death claim in California

California’s wrongful death laws apply under numerous circumstances, including but not limited to:

• Workplace casualties

• Fatal motor vehicle crashes

• Defective or dangerous consumer products 

• Malfunctioning or flawed machinery

• Premises liability (dangerous conditions on private property)

• Medical malpractice

• Construction accidents

• Malice

For a valid wrongful death case, you must be able to demonstrate that:

• Your family member died

• Their death was caused by the negligence or ill intent of the defendant (the death could have been prevented with a proper duty of care)

• Surviving family members have suffered financial damage due to the individual’s death

California has specific laws about who may file a Wrongful Death Claim—typically only surviving family members: spouse or registered domestic partner, children, parents, siblings, and certain non-blood-related dependents (such as stepchildren) 

You may be able to recover compensation for:

• Funeral and burial costs

• Medical expenses - Cost of medical care for the deceased individual, due to the incident, before they died

• Lost earnings – The deceased person’s expected lifetime income, which the dependents had counted on.

• Non-economic damages - Emotional distress, loss of love, care, comfort, companionship, intimacy

It’s also important to understand that there is a strict statute of limitations on wrongful death claims in California—two years in most cases. The timeframe is typically shorter in medical malpractice suits, and the rules are more complex. Your suit is very time-sensitive.

If you believe the untimely death of your family member was someone else’s fault, do not wait to reach out to the experienced Southern California Wrongful Death lawyers at Balaban & Spielberger. We know that nothing can make up for the loss of a loved one, but we’re here to support you and fight for justice in your case.