Were you injured in a wrongful death accident in Westchester, CA?
At Cohen Injury Law Group, we represent families after a preventable death and keep them informed at every stage of the case.
If someone in your family was killed by another party’s negligence, you are being asked to make legal decisions during an incredibly difficult time. A wrongful death claim exists to shift the financial consequences onto the party responsible, and nothing about filing one requires you to manage it yourself. Speak with a Westchester, CA wrongful death lawyer at our firm when you are ready. The conversation is free.
Wrongful Death Lawyer Westchester, CA
A wrongful death claim is an action brought by close surviving family members against the party whose negligence or wrongful act caused the death. It belongs to the family rather than to the estate, a distinction a wrongful death lawyer in Westchester, CA explains at the first meeting because it determines who signs and who recovers. A separate claim, often filed alongside it, covers what the person endured between the injury and death, and that one belongs to the estate.
Deaths of this kind are investigated before any lawyer is involved. The Los Angeles County Department of Medical Examiner conducts over 13,000 death investigations each year, covering accidents, homicides, and any death that was sudden or unattended.
The report that office produces is frequently the first documentary record of what happened, and obtaining it early matters.
Types of Wrongful Death Cases We Handle in Westchester
The claim is the same whatever caused the death, but the investigation is not. Our Westchester wrongful death lawyers build each case around how the death occurred.
- Car accidents. Fatal collisions typically involve speed, impairment, or a failure to yield. Vehicle data, roadway evidence, and the responding agency’s reconstruction all become part of the file.
- Truck accidents. Fatal truck collisions almost always produce a dispute over which company employed the driver. That question determines which policies are reachable, and the answer is rarely volunteered.
- Motorcycle accidents. Riders make up roughly 14 percent of traffic deaths on NHTSA’s figures while representing a fraction of registered vehicles, and fault is contested in nearly every one of these files.
- Pedestrian accidents. A person struck on foot has no protection at any speed, and disputes over right of way are common even where the crossing was lawful.
- Bike accidents. Fatal cycling collisions frequently involve a turning vehicle, and the physical evidence supporting the rider’s account is thin by nature.
- Construction accidents. Falls, trench collapses, and electrocutions dominate the 1,032 construction fatalities federal statisticians counted in 2024. Workers’ compensation death benefits are limited, and a claim against a third party is what allows a family to recover the full loss.
- Boat accidents. Drownings and vessel collisions occur where help is minutes away and the scene disperses immediately.
- Burn injuries. Building fires and vehicle fires cause deaths that trace back to wiring, missing detectors, blocked exits, or a defective product.
- Premises liability. Assaults on inadequately secured property, pool drownings, and fatal falls all give rise to a claim against the owner or manager.
- Brain injuries. Some head trauma proves fatal days or weeks after the incident, and the delay gives the defense an opening to argue that something else caused the death.
Why Choose Cohen Injury Law Group as my Wrongful Death Lawyer in Westchester, CA?
Updates You Do Not Have to Request
Families in these cases routinely go weeks without hearing from the wrongful death attorney in Westchester, CA they hired. A file can be handled competently and still leave the people it belongs to wondering whether anything is happening at all.
We tell you what we are doing and when we expect the next development, without waiting for you to call and ask. That includes the parts that are hard to hear, such as a coverage limit that will cap the recovery or a defense theory we expect to face. Before hiring a personal injury lawyer in Westchester, CA, ask how often you will hear from them.
When Fault Is Admitted and the Value Is Not
Liability is often conceded in a fatal case, which surprises families who expect the fight to be about fault. The insurer accepts that its driver ran the light and then argues about what the life was worth.
Answering that argument takes economists, vocational analysts, and testimony from the people who knew the person. It is the central work a Westchester wrongful death attorney performs in these files. Wayne R. Cohen began representing injured people and their families in 1991, and his commentary on liability has appeared in the LA Times and the ABA Journal. He is a cum laude graduate of the University of Miami School of Law. Nicholas E. Cohen is the firm’s Managing Partner. There is no retainer and no hourly billing. The firm carries the cost of the economists and investigators these cases require.
What Is Important to Understand About a Wrongful Death Case?
Damages, Liability, and Compensation for Wrongful Death Cases
Proving that someone was careless is rarely the hard part of a fatal case. The difficulty begins immediately afterward, with the question of who is permitted to sue.
California limits who may bring the claim. A surviving spouse or domestic partner, children, and in some circumstances parents or others who depended on the person financially may file. Where no spouse or child survives, eligibility follows the rules of intestate succession.
The economic recovery covers the financial support the person would have provided over a working life, the value of household services they performed, and burial and funeral costs. Calculating the first of those requires an economist rather than an estimate.
The non-economic recovery covers the loss of love, companionship, comfort, and guidance. California does not permit a family to recover for its own grief as such, which is a distinction that surprises most clients and one we explain early.
Separately, the estate may recover what the person lost between the injury and the death, including medical expenses and lost earnings during that period.
What Are Important Aspects of a Wrongful Death Case?
Several rules govern these cases that do not apply to an ordinary injury claim, and each one is easier to address early than to correct later. The points below come up in nearly every file.
- The deadline to file is generally two years from the date of death, and a claim against a public entity carries a far shorter notice period
- Only one wrongful death action may be brought, so all eligible family members are joined in a single case rather than filing separately
- A criminal prosecution arising from the same death proceeds independently, and its outcome does not control the civil claim
- The medical examiner’s report, the autopsy, and toxicology results are central evidence and take weeks to become available
- Insurance limits frequently cap what is recoverable, which is why identifying every applicable policy comes before any valuation
What Is The Wrongful Death Case Timeline?
Two things outside anyone’s control set the pace here: how long the medical examiner takes, and how long the family needs before it is ready to proceed. Everything else follows from those.
- First month. A Westchester, CA wrongful death lawyer identifies who is eligible to bring the claim, requests the medical examiner’s file and any agency reports, sends preservation demands, and locates every policy that may respond.
- The following months. The investigation proceeds while the family is left alone as much as the case allows. Where a criminal matter is pending, we track it without waiting on it.
- Months four through nine. Economic loss is calculated and the demand is assembled, including testimony from those who can describe what the person meant to the household.
- Months six through fifteen. Where liability is clear and coverage is limited, many of these claims resolve at this stage.
- Beyond fifteen months. Where the value remains disputed, we file suit and proceed through depositions, disclosure of the specialists each side has retained, and mediation.
What Should You Bring to Your Wrongful Death Consultation?
Bring what is easy to find. A Westchester wrongful death lawyer can obtain the rest through formal requests.
- The death certificate, if it has been issued
- The police or fire report, if one was released to you
- The names of surviving family members and their relationship to the person
- Recent pay records or tax returns showing what the person earned
- Letters or claim numbers any insurer has already sent to the household
You do not need to decide anything at that meeting. We will explain how the claim works, who is entitled to bring it, and what the next several months involve, and then leave the decision with you.
Reach Out to Cohen Injury Law Group to Schedule a Consultation
Evidence in a fatal case disappears on the same schedule it does in any other, which is why a Westchester wrongful death attorney should be involved before the vehicles are released or the scene is repaired. Reviewing the case costs the family nothing, and a fee arises only if the claim recovers. We will tell you plainly what the claim is likely to be worth and what stands in its way. Contact us when your family is ready.
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Office Locations
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Santa Monica
2636 Lincoln Blvd
Santa Monica, CA 90405 -
Santa Monica – Broadway
520 Broadway, 2nd Floor
Santa Monica, CA 90401 -
Los Angeles
633 W 5th St, Unit 2876A
Los Angeles, CA 90071 -
Ventura
394 E Main St, Suite 302
Ventura, CA 93001
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