Losing a loved one due to someone else’s reckless or negligent actions can leave you searching for answers and justice. When you work with your Santa Monica wrongful death lawyer with Borna Houman Law, you can count on our Santa Monica personal injury team to fight tirelessly for the compensation your family deserves. Call now to schedule a free consultation and learn how our no-win, no-fee guarantee allows you to pursue justice without financial risk.
Why Choose Us at Borna Houman Law Firm?
Wrongful death claims require experience, attention to detail, and a deep understanding of the emotional and financial hardships families face. Our catastrophic injury lawyers have successfully handled complex wrongful death cases, securing compensation for families who have lost loved ones due to negligence. We are committed to holding responsible parties accountable while providing compassionate legal support through:
- Focused on wrongful death claims – We have extensive experience handling cases involving fatal car accidents, medical malpractice, workplace accidents, and more.
- Proven track record of success – Our firm has recovered significant compensation for families seeking justice after losing a loved one.
- Thorough investigation and evidence collection – We gather critical evidence, work with expert witnesses, and build strong cases to prove liability.
- Personalized legal representation – Every case is unique, and we provide tailored legal strategies to meet the specific needs of each family.
- Aggressive negotiation and trial advocacy – Whether securing a fair settlement or presenting a case in court, we fight for maximum compensation.
What is a Wrongful Death?
A wrongful death occurs when a person dies due to the negligence, recklessness, or misconduct of another party. Under California Code of Civil Procedure § 377.60, surviving family members may pursue compensation if the death was caused by an individual or entity’s wrongful actions. These claims allow families to seek damages for financial losses, emotional suffering, and the loss of companionship.
Car Accidents and Wrongful Death Claims
Fatal car accidents often result from reckless driving, speeding, distracted driving, or impaired motorists. When another driver causes a crash that results in a fatality, surviving family members may have grounds for a wrongful death claim. Liability can extend beyond the at-fault driver, depending on the circumstances of the accident. Potentially liable parties in a fatal car accident may include:
- Negligent drivers
- Vehicle manufacturers
- Government entities
Truck Accidents and Wrongful Death Lawsuits
Truck accidents often result in fatal injuries due to the size and weight of commercial vehicles. These crashes may be caused by driver fatigue, overloaded cargo, brake failures, or trucking company negligence. Surviving family members can seek compensation when a truck driver’s or trucking company’s negligence leads to a fatal collision. Parties that may be liable in a fatal truck accident include:
- Truck drivers
- Trucking companies
- Cargo loaders
Motorcycle Accidents and Fatal Injuries
Motorcyclists are at high risk of suffering fatal injuries due to their lack of protection compared to larger vehicles. When another driver fails to yield, merges into a motorcyclist’s path, or engages in distracted driving, a fatal motorcycle accident can occur. These accidents often involve catastrophic head trauma, spinal cord injuries, and internal damage.
Pedestrian Accidents Leading to Wrongful Death
Pedestrians have little protection when struck by a moving vehicle, making these accidents particularly deadly. Fatal pedestrian accidents often occur at intersections, crosswalks, and parking lots where drivers fail to yield. Speeding, distracted driving, and impaired driving are common factors in these collisions.
Medical Malpractice and Wrongful Death Cases
Medical errors can lead to fatal consequences when healthcare providers fail to follow the proper standard of care. Misdiagnoses, surgical mistakes, anesthesia errors, and medication overdoses are among the most common forms of medical malpractice that result in wrongful death claims. Families who have lost a loved one due to a medical provider’s negligence may be entitled to compensation. Liable parties in a medical malpractice wrongful death claim may include:
- Doctors
- Hospitals
- Pharmaceutical companies
- Nurses
- OB/GYNs
- Anesthesiologists
What Types of Damages Can I Recover?
Economic Damages
Economic damages compensate for the financial losses resulting from a wrongful death. These include medical bills related to the decedent’s injury or illness, funeral or burial costs, and the decedent’s lost income. Families may also recover damages for the value of household services that their loved one provided.
Non-Economic Damages
Non-economic damages compensate for the emotional and psychological toll of losing a loved one. These damages include loss of companionship, mental suffering, and the loss of parental guidance for surviving children. While these losses are not tied to financial expenses, they significantly impact the well-being of surviving family members.
Who Can File a Wrongful Death Claim in California?
Under the legal statute, specific family members have the legal right to file a wrongful death claim. The deceased’s surviving spouse, domestic partner, and children are the primary parties eligible to seek compensation. If no immediate family members are available, other dependents or those financially affected by the death may have the right to pursue a claim.
How Long Do You Have to File a Wrongful Death Claim in California?
If you lost a loved one due to someone else’s negligence, you have a limited time to take legal action. Under California Code of Civil Procedure § 335.1, you generally have two years from the date of death to file a wrongful death lawsuit. If you do not file within this deadline, you may lose the right to recover compensation for your family’s loss.
Some cases have shorter deadlines, depending on the circumstances of the death. If the claim involves a government entity, you must file a notice within six months of the death. In medical malpractice cases, you may have additional time if the negligence was not immediately discovered, but waiting too long can affect your ability to recover damages. Acting quickly ensures that you preserve evidence and protect your legal rights.
Call Our Santa Monica Wrongful Death Lawyers Today
No amount of money can replace your family member, but holding the liable party accountable can offer closure and financial relief. Our firm will build the strongest case possible to demand the maximum compensation your family is entitled to receive. Contact our office today by phone or through our online contact form to schedule your free, no-obligation consultation and discuss your legal options in greater detail.