Hakakian Law Group | May 21 2026 20:45
About the Author
Shawn S. Hakakian, Esq. is the founder of Hakakian Law Group, PC in West Hollywood, CA. A Penn Law graduate and former Gibson Dunn attorney, he is a National Trial Lawyers Top 40 Under 40 honoree, Avvo Clients' Choice Award recipient, and member of CAALA and the Consumer Attorneys of California. CA Bar No. 342841.
Losing someone you love because of another person's carelessness changes everything. The grief is overwhelming, and the questions that follow can feel just as heavy: Who is responsible? How will your family manage financially? What are your legal options?
If you lost a family member due to someone else's negligence in Los Angeles, you have the right to seek justice and financial recovery. Hakakian Law Group helps families across Los Angeles and throughout California navigate wrongful death claims with compassion, clear communication, and aggressive legal representation. Your consultation is free, and you pay nothing unless we recover compensation for your family. Call Shawn S. Hakakian, Esq. and the team at (310) 759-9663 any time, 24/7.
What Is a Wrongful Death Claim?
Under California law, a wrongful death claim is a civil lawsuit filed when someone dies because of another party's negligent or wrongful act. The statute governing these claims is California Code of Civil Procedure § 377.60. The claim allows surviving family members to recover financial compensation for the losses they have suffered as a result of that death.
A wrongful death claim is separate from any criminal case. Even if the person who caused your loved one's death is never charged with a crime, you can still pursue a civil wrongful death lawsuit. The burden of proof in civil court is lower than in criminal court, which means families can obtain justice even when prosecutors decline to file charges.
Common Causes of Wrongful Death in Los Angeles
Los Angeles is one of the most populated metro areas in the country, and the density of traffic, workplaces, and healthcare facilities means fatal incidents happen with devastating frequency. The most common causes of wrongful death claims in the LA area include:
- Car and truck accidents: California sees more than 3,500 motor vehicle crash deaths per year, and Los Angeles County accounts for a significant share of that total.
- Medical malpractice: Misdiagnosis accounts for roughly 40% of malpractice-related wrongful death claims, though surgical errors, medication mistakes, and delayed treatment also contribute.
- Pedestrian collisions: LA's busy intersections and high-speed corridors make pedestrians especially vulnerable.
- Workplace accidents: Construction sites, warehouses, and industrial facilities are common settings for fatal injuries.
- Defective products: Faulty auto parts, dangerous medications, and malfunctioning equipment can cause deaths that lead to product liability claims.
- Premises liability: Property owners who fail to maintain safe conditions (broken railings, inadequate security, unmarked hazards) can be held responsible for fatal injuries.
- Drunk driving: Impaired drivers who cause fatal crashes can face both criminal prosecution and civil wrongful death lawsuits.
Wrongful Death vs. Survival Action
California recognizes two distinct legal claims when someone dies due to negligence, and they serve different purposes. A wrongful death claim compensates the surviving family members for their own losses, such as lost income and the loss of companionship. A survival action, governed by CCP § 377.30, compensates the deceased person's estate for losses the victim personally suffered before death, including pain, suffering, and medical expenses.
Both claims can be filed at the same time. In many cases, pursuing both a wrongful death claim and a survival action maximizes the total recovery available to the family and the estate.
Who Can File a Wrongful Death Claim in California?
California law is specific about who has standing to bring a wrongful death lawsuit. Under CCP § 377.60, eligible claimants include (in priority order):
- Surviving spouse or domestic partner
- Children of the deceased
- Grandchildren (if the deceased's children are also deceased)
- Anyone else entitled to the deceased's property under California's intestate succession laws, including parents, siblings, and certain financial dependents
If more than one eligible person exists, California's "one action" rule requires all heirs to join together in a single lawsuit. This prevents multiple separate lawsuits over the same death and ensures that all eligible family members are accounted for in any settlement or verdict.
Figuring out who qualifies to file can be complicated, especially in blended families or situations involving domestic partnerships. An experienced wrongful death attorney can review your family's circumstances and confirm who should be included in the claim.
What Compensation Can Families Recover?
California wrongful death damages fall into two broad categories: economic damages (financial losses you can calculate) and non-economic damages (personal losses that are harder to quantify but equally significant).
Economic damages cover the measurable financial impact of your loved one's death. These typically include:
- Lost financial support: The income and benefits your family member would have provided over their expected lifetime, including wages, salary, bonuses, and retirement contributions.
- Loss of household services: The monetary value of tasks the deceased performed, such as childcare, home maintenance, cooking, and transportation.
- Funeral and burial expenses: The cost of memorial services, burial or cremation, and related expenses.
- Pre-death medical costs: If your loved one received medical treatment before passing, those expenses may be recoverable through a survival action filed on behalf of the estate.
Non-economic damages address the personal and emotional toll on surviving family members. California law allows recovery for:
- Loss of love and companionship: The emotional bond and daily presence you have been deprived of.
- Loss of guidance and moral support: Particularly significant when the deceased was a parent who provided direction and stability to children.
- Loss of society and comfort: The social connection and sense of security that your family member provided.
California does not cap non-economic damages in most wrongful death cases, which means a jury can award whatever amount it determines is fair based on the evidence.
Factors That Affect the Value of a Claim
No two wrongful death cases produce the same result. Several factors influence how much compensation a family may receive:
- Age and earning capacity of the deceased: A younger person with a high earning trajectory will generally result in higher economic damages than an elderly retiree.
- Number of dependents: More family members who relied on the deceased for support can increase the total damages.
- Degree of fault: California follows a pure comparative fault rule, meaning that if the deceased was partially responsible for the incident, damages are reduced by their percentage of fault. For example, if a jury finds the deceased was 20% at fault, the family's award is reduced by 20%, but not eliminated.
- Strength of evidence: Clear documentation of the defendant's negligence, the family's losses, and the deceased's financial contributions strengthens the case.
The Legal Process: Step by Step
Filing a wrongful death lawsuit can feel intimidating when you are already grieving. Knowing what to expect can make the process more manageable.
Free consultation. The process begins with a conversation. You share the details of your loved one's death, and your attorney evaluates whether you have a viable claim. At Hakakian Law Group, this initial consultation costs nothing.
Investigation. Your legal team gathers evidence: accident reports, medical records, witness statements, expert opinions, and any other documentation that supports your claim. Preserving evidence early is critical because records can be lost or destroyed over time.
Filing the lawsuit. Once the investigation is complete, your attorney files the wrongful death complaint in court, naming the responsible parties and outlining the damages your family is seeking.
Discovery. Both sides exchange evidence and information. This phase often involves depositions (sworn testimony), document requests, and expert witness reports. Discovery can take several months depending on the complexity of the case.
Negotiation and settlement. Most wrongful death cases settle before trial. Your attorney negotiates with the defendant's insurance company or legal team to reach a fair settlement. Insurance companies often try to minimize payouts, which is why having an experienced attorney at the table makes a meaningful difference in outcomes.
Trial or resolution. If a fair settlement cannot be reached, your case goes to trial. A judge or jury will hear the evidence and determine the award. Most wrongful death cases resolve within 1 to 2 years, though complex cases involving multiple defendants or government entities may take longer.
How Long Do You Have to File? (Statute of Limitations)
In California, you generally have two years from the date of death to file a wrongful death lawsuit. Miss that deadline, and the court will almost certainly dismiss your case regardless of how strong it is.
There are a few important exceptions to the two-year rule:
- Medical malpractice: Different deadlines may apply depending on when the family discovered (or should have discovered) the malpractice.
- Government entities: If the death was caused by a government employee or agency (a city bus driver, a state hospital, a public works department), you must file a government tort claim within six months of the date of death before you can file a lawsuit.
- Minor children: If the eligible claimant is a minor, the statute of limitations may be tolled (paused) until the child turns 18.
Because these deadlines vary and the consequences of missing them are severe, contacting an attorney as soon as possible protects your family's rights.
Why Hire a Los Angeles Wrongful Death Attorney?
After a loved one's death, some families wonder whether they can handle a claim on their own. The straightforward answer is that wrongful death cases involve layers of legal complexity that require professional representation.
Insurance companies have teams working against you. Their adjusters and attorneys are trained to minimize what they pay. They may pressure you to accept a quick, low settlement before you understand the full scope of your losses. An experienced wrongful death attorney knows how to calculate the true value of your claim and push back against lowball offers.
Evidence disappears quickly. Surveillance footage gets overwritten, witnesses forget details, and medical records can be harder to obtain as time passes. An attorney begins the investigation immediately, preserving the evidence your case depends on.
California's wrongful death laws are technical. Between the one-action rule, comparative fault calculations, survival actions, and varying statutes of limitations, the legal framework requires someone who handles these cases regularly. A mistake in procedure or timing can cost your family the compensation it deserves.
Why Families Choose Hakakian Law Group
Hakakian Law Group is a Los Angeles personal injury firm founded by Shawn S. Hakakian, Esq., with attorney Domenic Reyes, Esq. serving alongside him. The firm serves clients in West Hollywood, throughout Los Angeles, and across California.
Personalized attention, not a case number. Hakakian Law Group is not a high-volume firm that processes claims on an assembly line. Every family works directly with their attorney and receives individualized attention throughout the case. To the team at Hakakian Law Group, you are family.
Aggressive representation with a personal touch. Compassion and tenacity are not mutually exclusive. The firm fights hard against insurance companies and negligent parties while keeping you informed and supported at every step.
Responsive communication. One of the most common frustrations families have with law firms is the inability to get someone on the phone. At Hakakian Law Group, you get a direct line to your legal team. When you call, someone answers.
No upfront costs. The firm operates on a contingency fee basis. You pay nothing out of pocket, and attorney fees are only collected if and when your case results in a recovery.
Free Consultation, No Fee Unless We Win
If you have lost a family member because of someone else's negligence in Los Angeles or anywhere in California, Hakakian Law Group is ready to listen and help you understand your options. The consultation is free, and there is no obligation.
Call (310) 759-9663 anytime, 24/7. You can also reach the firm through the online contact form on this page. The sooner you connect with an experienced wrongful death attorney, the sooner your family can begin pursuing the justice and compensation you deserve.
How much is a wrongful death case worth in California?
There is no fixed average. The value of a wrongful death claim depends on the deceased's age and earning capacity, the number of dependents, the nature of the relationship between the claimants and the deceased, and the degree of the defendant's fault. Economic losses like lost income and funeral costs are calculated based on documentation, while non-economic losses like companionship and guidance are assessed by a jury based on the specific circumstances of your family's loss.
Can I file if I live outside California?
Yes. Eligibility to file a wrongful death claim in California is based on your relationship to the deceased, not where you live. If your loved one died in California due to negligence and you qualify as an heir under CCP § 377.60, you can bring a claim in California courts regardless of your home state.
What if the death was partly the victim's fault?
California follows a pure comparative fault rule. If the deceased was partially at fault for the incident that caused their death, the damages awarded to the family are reduced by the deceased's percentage of responsibility. For example, if total damages are $1,000,000 and the deceased is found 30% at fault, the family would receive $700,000. The claim is not thrown out entirely, no matter how high the deceased's share of fault.
How long does a wrongful death lawsuit take?
Most wrongful death cases in California settle within 1 to 2 years. Cases involving multiple defendants, government entities, or complex medical evidence may take longer. Your attorney can give you a more specific timeline after reviewing the facts of your case during the initial consultation.
