What happens if the insurer tries to blame your loved one after a Burbank wrongful death?
If an insurance company attempts to shift blame onto the deceased after a fatal accident in Burbank, it changes what compensation the family can recover. California uses a pure comparative negligence system, which means a jury can reduce damages by the percentage of fault assigned to the deceased person. For example, if the deceased was found 10% responsible for the incident, the total damages awarded would be reduced by 10%.
In a wrongful death claim, the family and estate of the deceased person can pursue damages for their losses. These losses include economic damages like lost financial support, lost household services, and funeral and burial expenses. Non-economic damages cover the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance from the deceased person.
How long do you have to file a wrongful death claim in Burbank, and what can be recovered?
Most wrongful death claims in California must be filed within two years from the date of death (Cal. Code Civ. Proc. § 335.1). However, if the death was caused by a public entity like the City of Burbank or Los Angeles County, a written claim must be presented to that public entity within six months of the death (Cal. Gov. Code § 911.2). The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
California law allows recovery for economic losses the family suffers due to the death, such as financial support the deceased would have provided, the value of household services, and funeral and burial costs. Families can also recover for non-economic harms like the loss of companionship, comfort, care, affection, and guidance from the deceased. For actions filed on or after January 1, 2026, the deceased's own pain, suffering, or disfigurement before death are not recoverable under CCP § 377.34, although punitive damages the deceased could have recovered are still available.
What types of cases does Casa Legal Los Angeles handle in wrongful death?
Casa Legal Los Angeles helps families in Burbank whose loved ones have died due to someone else's negligence or wrongful act. This includes deaths caused by car accidents, truck crashes, motorcycle collisions, pedestrian incidents, and bicycle accidents. We also represent families dealing with the aftermath of fatal slip and fall accidents or catastrophic injuries on another's property.
Wrongful death claims often stem from incidents involving distracted drivers, dangerous premises, or poorly maintained roads. Each situation requires a careful investigation to determine who was at fault and how to hold them accountable. Our personal injury and employment law practice focuses on these types of cases across Southern California, including communities like Downey and Arcadia.
Where is a wrongful death claim from Burbank generally filed?
A personal injury case stemming from an incident in Burbank is generally filed in the Superior Court of California, County of Los Angeles. According to LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024), these cases are assigned to the judicial district where the incident occurred, which for Burbank is the North Central District. The specific courthouse for filing is the Burbank Courthouse, located at 300 E Olive Ave, Burbank, CA 91502.
Filing a claim correctly starts the legal process, and incorrect filing can cause delays or even case dismissal. Confirming the appropriate court and understanding local filing rules are important steps for any wrongful death action. Claims against public entities require additional steps before a lawsuit, starting with the six-month government claim presentation.
What steps should you take after a wrongful death in Burbank?
- Gather Information: Collect any reports related to the death, such as police reports, accident reports, or medical records. Keep contact information for witnesses, if available.
- Avoid Discussing Fault: Do not speak with insurance companies or sign any documents without legal guidance. Any statements you make could be used against your claim.
- Seek Legal Counsel: Contact a California wrongful death attorney as soon as possible. They can help you understand your rights and the specific deadlines that apply to your case.
- Preserve Evidence: Do not dispose of any property related to the incident, such as clothing, damaged vehicles, or other items that might be evidence.
- Document Losses: Keep detailed records of all financial losses, including funeral expenses, medical bills incurred before death, and any other costs related to the death.
What does working with Casa Legal Los Angeles involve?
Working with our firm means having a dedicated legal team investigate the circumstances of your loved one's death and pursue justice on your behalf. We gather evidence, interview witnesses, consult with experts, and build a strong case to establish liability. Our goal is to secure the full compensation available under California law for the family's profound loss.
We handle all communications with insurance companies and responsible parties, allowing you to focus on your family. Our firm represents clients across Los Angeles County, including in Anaheim and Cerritos, providing personalized attention and determined advocacy. You can read more about our approach to representing families on our Los Angeles Wrongful Death Attorneys page.
Frequently Asked Questions
What is the difference between a wrongful death and a survival action?
A wrongful death claim in California seeks to compensate the deceased's family members for their own losses, such as loss of financial support and companionship. A survival action, on the other hand, is brought by the deceased's estate and seeks to recover damages the deceased suffered before death, like medical expenses and lost earnings. For actions filed on or after January 1, 2026, pain and suffering damages for the deceased are not recoverable in a survival action per CCP § 377.34.
Can I file a wrongful death claim if the accident happened on public property in Burbank?
Yes, you can file a wrongful death claim if the accident occurred on public property, but there are specific rules. You must first present a formal claim to the public entity (e.g., the City of Burbank, Los Angeles County) within six months of the death, as mandated by Cal. Gov. Code § 911.2. Only after this claim is processed and typically rejected can a lawsuit be filed. This process is complex and requires strict adherence to deadlines.
Who can file a wrongful death lawsuit in California?
California law specifies who can bring a wrongful death action. This typically includes the deceased's surviving spouse, domestic partner, children, and the issue of deceased children. If there are no such individuals, those who would be entitled to the property of the deceased by intestate succession can file. Dependent putative spouses, stepchildren, and parents may also have standing. CCP § 377.60 outlines these requirements.
What if the deceased was partially at fault for the accident?
California's pure comparative negligence rule applies in wrongful death cases. If the deceased was found to be partly at fault for the accident that led to their death, the total amount of damages awarded to the family would be reduced by the percentage of fault assigned to the deceased. This means that even if the deceased shared some responsibility, their family can still recover compensation, though it will be proportionally less.
Losing a loved one is an immense burden. While nothing can undo that loss, pursuing a wrongful death claim can help your family find financial stability and a sense of justice. We offer compassionate and determined legal representation for families in Burbank. Call Casa Legal Los Angeles at 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.