Were you affected by a wrongful death in Westwood?
Cohen Injury Law Group has wrongful death lawyers who pursue full recovery for injured clients and their families.
If someone in your family has died due to another party’s negligence in Westwood, an attorney can help you pursue compensation for the financial and personal losses your family has suffered. Our Westwood, CA wrongful death lawyer at Cohen Injury Law Group handles wrongful death claims on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. Founding attorney Wayne R. Cohen has represented personal injury clients since 1991. Contact our office for a free consultation.
Wrongful Death Lawyer Westwood, CA
A wrongful death case is a civil claim that surviving family members file when someone dies because of another person’s or entity’s negligent, reckless, or intentional conduct. California’s CCP § 377.60 spells out who may bring the action: the deceased person’s surviving spouse or domestic partner, their children, or others who would inherit under California’s intestacy laws.
The claim exists to compensate the family for what the death has cost them, including lost financial support, loss of companionship, and funeral and burial expenses. A wrongful death attorney in Westwood, CA can examine how the death occurred, identify every party who may bear legal responsibility, and pursue damages through the at-fault party’s insurance or through a civil lawsuit filed on the family’s behalf.
Types of Wrongful Death Cases We Handle in Westwood
Fatal incidents arise from many different circumstances. What caused the death determines which parties may be held accountable and what kind of evidence the case requires. We handle wrongful death claims across Westwood, including those involving:
- Car accidents. This is one of the most common sources of wrongful death claims in California. Speeding, impaired driving, and distracted driving are frequent causes, and the claim may be filed against the at-fault driver, an employer, or in some cases a vehicle manufacturer.
- Truck accidents. The sheer size and weight of a commercial truck means that collisions with passenger vehicles are far more likely to be fatal. The trucking company, the cargo loading crew, and the maintenance provider can all be parties to the claim depending on what went wrong.
- Motorcycle accidents. A collision that might leave a car occupant with moderate injuries can kill a motorcycle rider. Riders have no structural protection around them, and drivers who fail to check for motorcycles before turning or changing lanes cause a disproportionate share of these fatalities.
- Pedestrian accidents. A pedestrian struck in a crosswalk, an intersection, or a parking area has almost no ability to absorb the impact. Drivers who run red lights, speed through residential streets, or drive under the influence bear responsibility for the resulting deaths.
- Medical malpractice. Surgical errors, missed diagnoses, delayed treatment, and medication mistakes all have the potential to be fatal. The claim targets the healthcare provider or facility whose negligence directly caused the patient’s death.
- Premises liability. Fires, structural failures, inadequate security, and unaddressed fall hazards on someone else’s property can all lead to fatal injuries. The property owner or manager who allowed the dangerous condition to persist may be liable.
- Burn injuries. Fires, explosions, chemical exposure, and electrical hazards can produce fatal burns. When the incident traces back to a property owner’s negligence, a defective product, or an employer’s failure to address a known hazard, the surviving family has grounds for a wrongful death claim.
- Workplace accidents. A death on a construction site, in a warehouse, or in an industrial facility may give rise to a wrongful death claim against a third party: a contractor, an equipment manufacturer, or a property owner. Workers’ compensation does not bar the family from filing a separate civil action against a negligent party other than the employer.
Why Choose Cohen Injury Law Group as My Wrongful Death Lawyer in Westwood, CA?
Decades of Plaintiff-Side Personal Injury Practice
Attorney Wayne R. Cohen has spent more than 35 years representing injured plaintiffs and the families of those killed by another party’s negligence. His commentary has been cited by CNBC, the LA Times, USA Today, and the ABA Journal. Wayne founded Cohen Injury Law Group, graduated with distinction from the University of Michigan, and earned his law degree cum laude from the University of Miami School of Law. He currently teaches as a Professorial Lecturer at GWU Law School. Over the course of his career, attorney Wayne Cohen has recovered millions of dollars for clients and their families.
Managing Partner Nicholas E. Cohen coordinates the firm’s case strategy and daily operations. He completed his undergraduate degree at USC and his law degree at Loyola Law School Los Angeles.
If you need a personal injury lawyer in Westwood, CA, Cohen Injury Law Group handles every wrongful death case on a contingency basis. We represent families exclusively and do not work on behalf of insurance companies or defendants.
What Is Important to Understand About a Wrongful Death Case?
Damages, Liability, and Compensation for Wrongful Death Cases
Wrongful death damages compensate the surviving family for what they have lost. On the economic side, that includes the income the deceased would have earned over the remainder of their working life, the value of the household services they provided, funeral and burial costs, and any medical bills that accumulated before the death. Calculating these numbers accurately often requires economists and financial analysts who can project future earnings and account for inflation.
Noneconomic damages address losses that are personal rather than financial. These include the loss of love, companionship, moral support, guidance, and comfort that the deceased provided to their spouse, children, or other dependents. California courts evaluate the closeness of the relationship, the age and health of the deceased, and the circumstances of the incident when determining the value of these damages. For families who have lost a parent or a spouse, noneconomic damages can represent a significant portion of the total recovery.
What Are Important Aspects of a Wrongful Death Case?
Wrongful death cases raise legal questions that do not come up in a standard personal injury claim. A few of them carry particular weight.
- Not everyone in the family has automatic standing to file. California law restricts the right to bring a wrongful death action to the surviving spouse, domestic partner, children, and in some situations parents, stepchildren, or financial dependents. This is a threshold issue that must be addressed before the case moves forward.
- Causation can be contested. The family must show that the defendant’s negligence directly caused the death. In a medical malpractice wrongful death case, for example, the defense will often argue that the patient’s underlying condition, not the provider’s error, was the true cause.
- If the deceased bore partial responsibility for the incident, California’s comparative fault rule reduces the damages by the deceased person’s share of fault. It does not eliminate the claim entirely.
- When multiple family members are eligible to file, the court decides how to allocate the recovery among them based on the nature of each person’s relationship with the deceased.
What Is the Wrongful Death Case Timeline?
These cases tend to move more slowly than other personal injury matters. The damages calculations are more complex, the stakes for the family are higher, and insurers often contest liability more vigorously when the policy exposure is significant.
- The process begins with an investigation. Your attorney gathers police reports, medical records, and witness statements, and identifies every party who may share liability for the death.
- Forensic accountants or economists are often brought in to calculate the deceased person’s expected lifetime earnings and the total financial loss to the family.
- Once that analysis is complete, your attorney prepares a demand package and sends it to the at-fault party’s insurance carrier. Negotiations can take weeks or months.
- If the insurer refuses to offer a fair amount, the case goes to court. Discovery, depositions, and trial preparation follow from there.
- California’s two-year statute of limitations under CCP § 335.1 applies to wrongful death claims. The filing deadline is measured from the date of the person’s death.
What Should You Bring to Your Wrongful Death Consultation?
The more you can provide at the first meeting, the faster your attorney can evaluate whether the claim is viable and what it may be worth.
- The death certificate
- Police reports, coroner’s reports, or incident reports connected to the death
- Medical records from any treatment the deceased received before passing
- Financial records documenting the deceased person’s income, employment history, and benefits
- Information about the deceased person’s dependents and their household contributions
Your attorney will review the available documentation, explain which family members have standing to file, and outline the steps that follow.
What Are Important California Legal Resources for Wrongful Death Cases?
California has specific statutes governing wrongful death claims, including who may file, what damages may be recovered, and the filing deadline. These resources are a starting point for locating the relevant law.
- CCP § 377.60 defines who has standing to bring a wrongful death action in California, including the surviving spouse, domestic partner, children, and other qualifying dependents.
- CCP § 335.1 establishes a two-year statute of limitations for wrongful death claims, measured from the date of death.
- California Civil Code § 1714 defines the general duty of care, which serves as the legal foundation for negligence-based wrongful death claims.
- The California Courts Self-Help Center provides information on filing a civil lawsuit, including wrongful death cases, and what to expect during the litigation process.
- NHTSA’s impaired driving data documents the scope of alcohol-related traffic fatalities, which are among the leading causes of wrongful death claims nationwide.
Reach Out to Cohen Injury Law Group to Schedule a Consultation
If your family has lost a loved one due to another party’s negligence in Westwood, CA, Cohen Injury Law Group can help you understand your legal options. We handle every wrongful death case on a contingency fee basis, meaning you owe no attorney fees unless we recover compensation for your family. Your first consultation is free. Contact us to schedule a case review.
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