Can you file a wrongful death claim in Inglewood if a loved one dies due to someone else's negligence?
Yes, California law allows certain family members to file a wrongful death claim when a loved one dies because of another party's negligence or wrongful act. This legal action seeks to recover compensation for the losses suffered by the survivors, not for the decedent's pain.
Wrongful death claims help families in Inglewood secure financial stability after a sudden and tragic loss. These claims cover a range of situations, from car accidents to medical malpractice or premises liability incidents.
How long do you have to file a wrongful death claim in Los Angeles County?
Most wrongful death claims in California must be filed within two years of the date of death, under California Code of Civil Procedure § 335.1. However, if the death involved a government entity, like the City of Inglewood or Los Angeles County, a written claim must be presented to that public entity within six months of the death, as mandated by California Government Code § 911.2.
The type of claim and the parties involved directly affect the deadline. For instance, while the deadline is generally paused while an injured person is a minor under CCP § 352, this pause does not apply to claims against public entities under the Government Claims Act, as stated in § 352(b).
California law permits recovery for several types of damages in a wrongful death case. Surviving family members can seek compensation for financial support the decedent would have provided, lost gifts and benefits, funeral and burial expenses, and the value of lost household services. Additionally, they can recover for non-economic losses like the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance, as outlined in CCP § 377.61 and CACI 3921.
For actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 specifies that damages for the decedent's pain, suffering, or disfigurement are not recoverable in survival actions. The focus is instead on the decedent's economic losses before death and any punitive damages they could have recovered.
Where do you file a wrongful death lawsuit for an incident in Inglewood?
In Los Angeles County, a wrongful death case resulting from an incident in Inglewood is filed in the Superior Court of California, County of Los Angeles. Under local rules, this type of personal injury case is assigned to the Personal Injury Hub department in the judicial district where the incident happened.
For incidents in Inglewood, claims are typically filed at the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503. The court's official locator confirms the correct courthouse before filing, as catchment boundaries can change.
Casa Legal Los Angeles frequently handles cases in the Los Angeles County court system. We are familiar with the local procedures and the specific requirements for filing claims that originate in Inglewood.
What kinds of wrongful death cases does Casa Legal Los Angeles handle?
Casa Legal Los Angeles assists families in Inglewood with a wide variety of wrongful death claims. These claims arise from situations where a preventable death occurs due to someone else's carelessness or intentional wrongdoing.
We represent families whose loved ones have died in traffic accidents, including car crashes, truck collisions, and pedestrian incidents. If a family member passed away due to catastrophic injuries in Inglewood caused by another's negligence, we can help pursue justice. We also handle wrongful deaths stemming from medical malpractice, where a healthcare provider's error led to a patient's death. Premises liability incidents, such as fatal falls or other unsafe conditions on someone else's property, are also part of our practice.
Our work also covers wrongful deaths resulting from defective products, workplace accidents, or even violent acts. Families in Compton, Cerritos, and throughout Los Angeles County turn to us for help after such a devastating loss. Our focus is always on ensuring the responsible parties are held accountable.
What should you do after a loved one's death due to someone else's fault?
- Prioritize your family and grief. Your well-being and that of your family come first. Legal matters can wait until you are ready to address them.
- Gather available information. Collect any documents related to the death, such as police reports, medical records, or incident reports. Do not worry about having everything; just collect what you can easily access.
- Avoid speaking with insurance adjusters. Insurance companies for the at-fault party may contact you. Avoid making recorded statements or signing anything until you have spoken with an attorney. What you say can be used against your claim later.
- Consult with a wrongful death attorney. An attorney can help you understand your legal options and the process for filing a claim. They can explain the specific deadlines that apply to your case and what compensation you may be able to pursue.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening to your story and understanding the circumstances of your loved one's death. We collect all necessary evidence, including medical records, accident reports, and witness statements. We then identify all potentially responsible parties and their insurance carriers.
Our team calculates the full extent of your family's losses, both economic and non-economic, as allowed by California law. We handle all communications and negotiations with insurance companies, working to achieve a fair settlement without unnecessary delay. If a fair settlement is not possible, we are prepared to file a lawsuit in the appropriate Los Angeles County court, like the Torrance Courthouse, and represent your family at trial. We manage all aspects of the legal process so you can focus on healing.
Families sometimes contact us asking about a personal injury lawyer in Inglewood for their own injuries, or a property damage lawyer in Inglewood. We handle these as well as wrongful death claims, so we understand the different paths legal cases take.
Frequently Asked Questions
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is brought by the surviving family members for their own losses, such as lost financial support and companionship, resulting from the death. A survival action, on the other hand, is brought on behalf of the deceased person's estate to recover damages the deceased suffered before their death, such as economic losses. For actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 explicitly states that a deceased person's pain and suffering is not recoverable in a survival action.
Who can file a wrongful death claim in Inglewood?
In Inglewood, California, the parties who can file a wrongful death claim are specified by California Code of Civil Procedure § 377.60. This typically includes the surviving spouse or domestic partner, children, and issue of deceased children. If there are no surviving direct descendants, those entitled to the decedent's property by intestate succession can file. Additionally, dependent putative spouses, stepchildren, parents, and minors who lived in the household for at least 180 days and depended on the decedent for at least half of their support may also have standing.
How does comparative negligence affect a wrongful death claim?
California operates under a pure comparative negligence system, as established by Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. This means that if the deceased person was partly at fault for their own death, the total compensation awarded to the family would be reduced by the percentage of fault attributed to the deceased. For example, if damages are $1,000,000 and the deceased was found 20% at fault, the family would receive $800,000. This rule applies regardless of the deceased's percentage of fault.
What if the death was caused by a public entity in Los Angeles County?
If a public entity like the City of Inglewood, Los Angeles County, or a state agency caused the death, special rules apply. Under California Government Code § 911.2, you must present a formal written claim to the government entity within six months of the death. Missing this six-month deadline can prevent you from filing a lawsuit later, regardless of the usual two-year statute of limitations for wrongful death claims. This accelerated deadline is crucial for cases against public agencies.
A wrongful death can leave families in Inglewood reeling. If you have lost a loved one due to someone else's negligence, call Casa Legal Los Angeles at 888-585-2529. No attorney's fees unless we win — and no case costs either.