Wrongful Death

There are few things in life more devastating than losing a loved one unexpectedly.  Whether it is through an accident, a medical procedure gone awry, or another tragic event, these types of losses can shake you to your core — particularly when the death is the result of another person’s actions.

While no amount of money will ever replace your loved one, a settlement or award through a wrongful death lawsuit can help you to get your life back on track after this type of tragedy.  It can allow you the time that you need to grieve and heal — and give you the money that you need to make up for what your loved one will no longer be able to provide.

The Law Offices of Michael A. Kahn represents California families who have lost loved ones in wrongful death actions.  We offer a compassionate approach that focuses on what is best for your family, while advocating for your rights and interests.  If you would like to learn more, contact us today at (310) 209-1600 or info@michaelkahnlaw.com to schedule a no-cost, no-obligation consultation.

California Wrongful Death Law

In California, family members of a person who died due to the negligence, gross negligence, recklessness, or intentional wrongful act of another person or entity can bring a wrongful death claim.  Only certain family members, known as survivors, can bring this type of lawsuit, including:

  • Surviving spouses;
  • Domestic partners;
  • Children;
  • Grandchildren (if the victim’s children are also deceased);
  • Other minor children, such as stepchildren, who were dependent on the victim for at least 50% of their financial support;
  • Parents, if they were dependent on the victim; and
  • Anyone else who would be entitled to the victim’s property under California’s laws of intestate succession (how property passes when a person dies without a will).

Wrongful death claims can be filed based on any type of personal injury case, such as:

Wrongful death cases may also be filed in situations where a person was killed due to the intentional conduct of another person.  This may include situations involving abuse and neglect, assault and battery, or murder/manslaughter.

For wrongful death claims that are based on a theory of negligence, such as a car accident case, a California wrongful death attorney will have to prove four elements (1) duty; (2) breach; (3) causation; and (4) damages.  In other words, your lawyer will need to demonstrate:

  1. The other party had a duty of care owed to the victim (such as by maintaining a safe speed);
  2. The other party breached that duty of care (i.e., by driving at excessive rates of speed);
  3. The breach led to the accident and injuries that caused the death (because he was speeding, he struck the victim’s car, killing him); and
  4. The death resulted in losses to the survivors (because your loved one is dead, you have suffered certain losses).

By investigating the case and gathering evidence to support each element, your attorney can prove that your loved one’s death was wrongful — and that you are entitled to compensation as a result.

How We Can Help

We understand how difficult it can be to lose a loved one in an accident or another unexpected manner.  We are here for you.  While you focus on your family, we can take on the insurance companies and handle the legal process for you.  We will stand by your side and work for your best interests.

If you have lost a loved one through the negligence or intentional misconduct of another person, we can help.  Contact the Law Offices of Michael A. Kahn today at (310) 209-1600 or info@michaelkahnlaw.com to schedule a free initial consultation.

Need Help? Call us anytime at (310) 209-1600