Should I speak with the other party's insurance company after a Glendale wrongful death?
No, you should not speak with the at-fault party's insurance company after losing a loved one in Glendale. The insurance adjuster does not represent your family's interests. Their goal is to minimize the amount paid, not to ensure your family receives fair compensation. Anything you say can be used to reduce the value of a potential claim, so it is best to avoid direct communication.
How long does my family have to file a wrongful death claim in Glendale?
Most California wrongful death claims must be filed within two years from the date of death under California Code of Civil Procedure § 335.1. This deadline matters for your claim. However, if the death was caused by a city, county, or other public agency in Glendale, you face a much shorter deadline. A formal claim must be presented to the public entity within six months of the death, as mandated by California Government Code § 911.2, before a lawsuit can even begin. These are strict deadlines, and missing them almost always means losing your right to recover anything. While California Code of Civil Procedure § 352 generally pauses deadlines for minors, that pause does not apply to claims against public entities.
California law allows surviving family members to seek compensation for their economic and non-economic losses after a wrongful death. This can include financial support the deceased would have provided, lost gifts and benefits, funeral and burial expenses, and the value of lost household services. Non-economic losses cover the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance from your loved one. California Code of Civil Procedure § 377.61 outlines these available damages. For actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 does not allow recovery for the decedent's pre-death pain, suffering, or disfigurement, except in specific elder abuse claims.
What steps should I take after a wrongful death in Glendale?
- Gather Information: Collect any documents related to the death, such as a death certificate, police reports, and medical records. Keep track of expenses incurred due to the death.
- Avoid Communication: Do not give statements to insurance adjusters or sign any documents without speaking to your own attorney.
- Consult an Attorney: Speak with a Glendale wrongful death attorney to understand your rights and the specific deadlines that apply to your situation. An attorney can help determine liability and pursue the full compensation available under California law.
- Preserve Evidence: If possible, preserve any physical evidence related to the incident that caused the death. This could include photographs, videos, or damaged property.
- Focus on Your Family: Allow yourself and your family time to grieve. An attorney can handle the legal complexities, allowing you to concentrate on healing.
Where do wrongful death claims for incidents in Glendale get filed?
Wrongful death claims for incidents occurring in Glendale are generally filed in the Superior Court of California, County of Los Angeles. Specifically, the case would be filed in the North Central District, which includes Glendale. The appropriate courthouse for such claims is the Burbank Courthouse, located at 300 E Olive Ave, Burbank, CA 91502. In Los Angeles County, a personal injury case, including wrongful death claims, is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department, as outlined in LASC Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.
What types of cases do our Glendale wrongful death attorneys handle?
Our Glendale wrongful death attorneys represent families who have lost loved ones due to another party's negligence or wrongful act. This includes deaths caused by car accidents, truck accidents, motorcycle collisions, pedestrian incidents, and bicycle accidents. We also handle cases involving premises liability, such as deaths resulting from dangerous property conditions. Additionally, we represent families in wrongful death claims stemming from incidents like those that may involve a Glendale rideshare accident, medical malpractice, or even a dog bite leading to a fatal injury. We dedicate our practice to helping families recover after such profound losses, whether they are in Glendale, Arcadia, or other nearby communities. To learn more about how we help families throughout California, visit our main personal injury law page.
What is involved in working with Casa Legal Los Angeles?
When you work with Casa Legal Los Angeles, we become your advocates. We investigate the circumstances of your loved one's death, gather evidence, and identify all responsible parties. This means handling communications with insurance companies and defense attorneys, so you do not have to. We prepare and file all necessary legal documents within the strict deadlines, such as the two-year statute of limitations under California Code of Civil Procedure § 335.1 or the six-month public entity claim under California Government Code § 911.2, whichever applies. Our work is to build a strong case to pursue the maximum available compensation for your family. We manage the entire legal process, allowing you to focus on your family's needs during this difficult time.
Frequently Asked Questions
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim in California compensates the surviving family members for their own losses, such as lost financial support and companionship, as outlined in California Code of Civil Procedure § 377.60. A survival action, on the other hand, is brought by the estate of the deceased person and seeks to recover damages the deceased suffered before their death, such as economic losses and punitive damages. For survival actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 does not allow recovery for the decedent's pre-death pain, suffering, or disfigurement, except for certain elder abuse claims.
Can I file a wrongful death claim if the person died in a hit-and-run accident in Glendale?
Yes, you can still file a wrongful death claim even if the at-fault driver fled the scene of an accident in Glendale. If the driver is later identified, you can pursue a claim against them. If the driver remains unidentified, you may be able to seek compensation through the uninsured motorist coverage of your loved one's own auto insurance policy, if they had one. This coverage can also apply if the driver is identified but has no insurance. You should involve an attorney quickly to investigate and explore all potential avenues for recovery.
What if my loved one was partially at fault for the accident that led to their death?
California follows a pure comparative negligence rule, which means that even if your loved one was partially at fault for the incident, your family may still recover damages. The total compensation awarded would simply be reduced by the percentage of fault assigned to the deceased person. For example, if your loved one was found to be 20% at fault, your family would still recover 80% of the total damages. Your family's claim may still be pursued even with some shared fault.
Do I have to go to court for a wrongful death claim in Los Angeles County?
Not every wrongful death claim in Los Angeles County goes to trial. Many cases are resolved through settlements negotiated outside of court. However, if a fair settlement cannot be reached, filing a lawsuit in the Superior Court of California, County of Los Angeles, such as at the Burbank Courthouse, may be necessary to pursue justice. The decision to go to court is always made in close consultation with your attorney, who will advise you on the best course of action for your family's specific situation. Our firm prepares every case as if it will go to trial to strengthen our position in negotiations.
Losing a loved one is an unimaginable tragedy, and the legal process should not add to your burden. Contact Casa Legal Los Angeles today for a free and confidential consultation. Call 888-585-2529 to discuss your family's options. No attorney's fees or case costs unless we win.