How long do you have to file a wrongful death claim after a loss in Lakewood?
After a tragic loss in Lakewood, most wrongful death claims must be filed within two years from the date of the death, under California Code of Civil Procedure § 335.1. If the death involved a city agency or any public entity, you must present a claim to that entity within six months, as required by California Government Code § 911.2, before you can file a lawsuit.
These deadlines are strict, and missing them can mean losing the right to pursue a claim entirely. While the deadline is generally paused for minors under California Code of Civil Procedure § 352, this pause does not apply to claims against public entities. An attorney can confirm the specific deadlines that apply to your situation, as exceptions exist.
What can you recover in a wrongful death claim?
California law allows specific family members to recover certain losses when someone else's negligence or wrongdoing causes a death. This includes economic damages like financial support the deceased would have provided, lost gifts and benefits, funeral and burial expenses, and the value of household services. Non-economic losses, such as the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance, are also recoverable.
The law does not allow recovery for the survivors' own grief and sorrow, nor for the deceased person's pain and suffering if the action was filed on or after January 1, 2026, due to California Code of Civil Procedure § 377.34. The value of a wrongful death claim depends entirely on the specific facts of what happened and the losses sustained by the surviving family.
What should you do after a wrongful death?
Losing someone close to you is devastating, but taking specific steps can protect your family's rights.
- Prioritize your family and grief. The emotional toll is immense. Focus on supporting each other during this difficult time.
- Gather any relevant documents. Collect medical records, death certificates, accident reports, and any insurance information related to the person who passed away.
- Do not speak to insurance adjusters or sign any documents. Insurance companies represent their own interests, not yours. Anything you say can be used to minimize your claim.
- Consult with an attorney as soon as possible. An attorney can explain your legal options, investigate the circumstances of the death, and manage all communication with responsible parties. Early legal guidance helps preserve evidence and meet critical deadlines.
- Avoid discussing the case on social media. Information you post online can be accessed by opposing parties and potentially harm your claim.
Where do wrongful death claims from Lakewood get filed?
Wrongful death claims arising from incidents in Lakewood are generally filed within the Superior Court of California, County of Los Angeles. Under Los Angeles Superior Court Local Rule 2.3, a personal injury case is filed in the judicial district where the incident occurred. For Lakewood, this means your case would generally be assigned to the South District's Personal Injury Hub department.
The courthouse for the South District is the Governor George Deukmejian Courthouse, located at 275 Magnolia Ave, Long Beach, CA 90802. While this is the general rule, court catchment boundaries can change, so it is always best to confirm the specific courthouse with an attorney for your case.
What kinds of cases do our Lakewood wrongful death attorneys handle?
Our firm helps families in Lakewood and across Los Angeles County who have lost a loved one due to someone else's negligence. This includes deaths caused by car accidents, truck accidents, or motorcycle crashes. We also represent families after pedestrian accidents, like those on Lakewood streets and sidewalks, and rideshare accidents, whether someone was a passenger, driver, or pedestrian.
Our focus extends to other situations where carelessness leads to a fatality, including premises liability incidents, such as dangerous conditions on property, and other forms of negligence. For other types of personal injury claims in the area, you can explore our Lakewood personal injury attorney page. Similarly, if your loss occurred in a nearby city, our Cerritos wrongful death attorneys also assist families in that community.
What working with Casa Legal Los Angeles involves
When you work with Casa Legal Los Angeles, we handle the legal complexities so you can focus on healing. We investigate the incident, gather evidence, identify responsible parties, and calculate the full extent of your family's losses. This involves working with experts, reviewing medical documents, and preparing your claim for negotiation or trial.
We communicate with insurance companies and defense lawyers on your behalf, protecting you from their tactics. Our goal is to pursue the full compensation available under California law for your family's profound loss. We have a dedicated focus on personal injury and employment law, including wrongful death claims, for families throughout the Los Angeles area.
Frequently Asked Questions
What is the deadline for filing a wrongful death claim in Los Angeles County?
Most wrongful death claims in Los Angeles County must be filed within two years from the date of death under California Code of Civil Procedure § 335.1. However, if a public entity, such as the City of Lakewood or Los Angeles County, is involved, you must present a claim to them within six months of the death, as per California Government Code § 911.2, before filing a lawsuit.
Can you recover for a deceased person's pain and suffering in California?
No, for wrongful death actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 explicitly states that damages for the deceased person's pain, suffering, or disfigurement are not recoverable. Recovery is generally limited to the economic losses the deceased sustained before death, and punitive damages that the deceased could have recovered.
Where in Los Angeles County would my wrongful death case be heard if the death occurred in Lakewood?
If the wrongful death occurred in Lakewood, your case would generally be heard in the South District of the Superior Court of California, County of Los Angeles. The primary courthouse for this district is the Governor George Deukmejian Courthouse, located in Long Beach. Court rules specify that cases are filed in the judicial district where the incident occurred.
What if the at-fault driver was uninsured in a car accident leading to a wrongful death?
If the at-fault driver was uninsured and caused a wrongful death in a car accident, your family's ability to recover non-economic damages may be limited by California Civil Code § 3333.4, known as Proposition 213. This law typically bars uninsured vehicle owners from recovering non-economic damages, but it does not apply to uninsured passengers. You may still be able to recover economic damages, and an attorney can explore all available insurance coverages, including your own uninsured motorist policy.
Dealing with the aftermath of a wrongful death is incredibly hard. Call us at 888-585-2529 for a free consultation. There are no attorney's fees or case costs unless we win.