Los Angeles Wrongful Death Attorney

Helping Surviving Family Members After A Wrongful Death

If your loved one was killed as a result of an on-the-job accident, you may be entitled to workers’ compensation benefits according to California law. It is in your best interest to speak to an experienced wrongful death attorney who can help guide you through the workers’ compensation system.

At the Law Offices of Hinden & Breslavsky, APC, our Los Angeles wrongful death lawyers have been serving clients throughout the state since 1974. We offer compassionate and personalized legal counsel, coupled with aggressive advocacy and a tireless dedication to our clients. Our team has successfully handled wrongful death cases, including workplace accidents and other incidents where surviving family members seek justice for their loved one’s death caused by someone else’s negligence.

Who Is Entitled To Death Benefits In California?

Only certain relatives are entitled to compensation in the event of a workplace accident according to California workers’ compensation laws. Generally speaking, only the deceased’s dependents can recover death benefits. Those dependents can include the deceased’s spouse, kids or grandchildren, and cohabitating domestic partners. Some family members are automatically considered dependents. These family members include children under the age of 18, disabled or mentally incapacitated adult children, and a surviving spouse who earned less than $30,000 the year before their loved one’s passing.

According to the Cal. Labor Code §§ 3501-3503 (2020), other family members can qualify as dependents, but this can be complex. They may need to gather evidence to prove that they were completely dependent on their loved one for financial support. You should work with a caring, experienced lawyer to make certain the benefits go to the people who need them most.

How Long Do I Have To File A Wrongful Death Claim In California?

According to the Cal. Labor Code § 5406 (2020), a wrongful death claim must be made within one year of your loved one passing and no more than 240 weeks after a fatal injury is incurred. Some circumstances can extend or shorten the amount of time you have to file a claim.

If you are unsure of how long you have to file a claim, an attorney from our firm can help you. Contact our firm today to discuss the details of your case with an experienced member of our team during a

Filing a Wrongful Death Claim in Los Angeles

Filing a wrongful death claim in Los Angeles can be complicated, especially if you are unfamiliar with California law. A wrongful death lawsuit allows the surviving family members of the deceased person to recover damages when their loved one’s death was caused by someone else’s negligence or wrongdoing, such as in a car accident or workplace accident. Our team of Los Angeles wrongful death attorneys will guide you through the entire process, from filing the initial claim to representing you in civil court if necessary.

The following steps are typically involved in a wrongful death action:

1. Determine Eligibility: Only certain individuals can file a wrongful death lawsuit under California law, such as a surviving spouse, biological or adoptive parent, or dependent children.
2. Gather Evidence: This includes medical records, police reports, and testimony that prove the wrongful act that led to your loved one’s death.
3. Calculate Damages: This involves determining the total wrongful death damages, including medical and funeral expenses, lost wages, and emotional trauma.
4. Filing the Lawsuit: A civil lawsuit must be filed within the statute of limitations set by California law, usually within two years of the fatal accident.

Our firm works hard to ensure every step is handled with care, ensuring your case is presented clearly and accurately.

Types of Wrongful Death Cases We Handle

At Hinden & Breslavsky, APC, our Los Angeles wrongful death attorneys have experience with a wide range of wrongful death cases. Each case is unique, but our goal remains the same: to help families recover after the devastating loss of a loved one. Some of the types of wrongful death claims we handle include:

• Medical malpractice: When a medical professional or hospital is responsible for the medical negligence that led to a loved one’s death.
• Car accidents: Fatal car accidents caused by reckless or negligent driving.
• Workplace accidents: Cases involving fatalities that occur while a person is on the job, such as construction accidents.
• Defective products: When a defective product or failure to warn of danger results in death.

Each of these wrongful death cases requires extensive investigation and legal expertise. Our wrongful death lawyers will work diligently to ensure that all responsible parties are held accountable for their actions.

Recovering Financial Compensation After a Wrongful Death

The financial burden that follows a loved one’s death can be overwhelming, especially when it includes medical bills, funeral expenses, and the loss of the deceased person’s income. California law allows surviving family members to recover various types of compensation through a wrongful death lawsuit, which may include:

• Medical and funeral expenses: Coverage for all medical expenses leading up to the deceased person’s death and costs associated with burial or cremation.
• Lost wages and lost income: Compensation for the income the deceased person would have provided to the family.
• Emotional distress: Recovery for the emotional trauma and suffering that comes with losing a loved one.
• Lost support and companionship: Financial support for the loss of guidance, companionship, and love from the deceased person.

Our attorneys work to obtain significant financial compensation to help alleviate the financial burden placed on surviving family members during this challenging time.

How Hinden & Breslavsky Can Help You File a Wrongful Death Claim

At Hinden & Breslavsky, APC, we have a deep understanding of California’s wrongful death laws and a strong track record of success in handling wrongful death lawsuits. Our team is prepared to help you file your wrongful death suit, taking on the legal burden while you focus on healing.

Here’s how we assist our clients:

• We provide a free consultation to review the specifics of your wrongful death case.
• We handle all communication with the insurance company and opposing parties.
• We work tirelessly to ensure you receive significant financial compensation for your loved one’s fatal injury.
• We offer legal representation in both civil court and settlement negotiations.

Losing a loved one is never easy, but with the support of our experienced wrongful death attorneys, you can ensure that justice is served and that your family’s financial future is secure.

We Are Here To Help You

Our team of Los Angeles wrongful death attorneys, hearing representatives, and support staff are dedicated to helping clients get their lives back on track. We understand the immense challenges you and your family are up against, and we are here to help ease your stress and remove some of your burdens. While no legal action can undo the suffering you are going through, workers’ compensation death benefits can help with some of the unanticipated financial consequences of your loved one’s death, allowing you to focus on what matters: healing.

Contact us at (323) 954-1800 for a free consultation. We offer legal services in English, Spanish, Russian, Ukrainian, Hebrew, and Farsi.