Practice area · Northridge, California
Wrongful Death
When someone you love was killed by another person’s carelessness. A wrongful death lawyer in Northridge who will not rush you.
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5.0 across more than 180 reviews·Super Lawyers Rising Stars, 5 years in a row
Accident Lawyer of California, P.C.
Has handled thousands of cases and settled millions of dollars for clients.
Every case depends on its own facts, and a past result does not predict the outcome of any other case. Full statement.
In plain words
Who can bring a wrongful death claim in California?
In California a wrongful death claim is brought by the people the law names, generally the spouse or domestic partner and the children, or by the personal representative of the person’s estate. Every state has a wrongful death statute that sets the procedure.
Aryan Aliakbarzadeh, Esq. handles wrongful death claims from Northridge for families across the San Fernando Valley. There is no rush; the claim can be brought when the family is ready.
Answered by Aryan Aliakbarzadeh, Esq., personal injury attorney, Northridge, California.
How it works
What happens in a wrongful death case
- CallFree consultation. Tell him what happened.
- EvidenceReport, photos, witnesses, footage.
- TreatmentYour medical record is built as you heal.
- DemandMade when the injury is understood.
- ResolutionSettled with the insurer, or filed and tried.
How a wrongful death case works
The claim is made on behalf of the family against whoever caused the death and their insurer. It has two parts: the family’s own loss, the support and the companionship the person would have provided, and, separately, the claim the person would have had for their own pain and expenses, brought by the estate. Both are built from the evidence of what happened and from the family’s account of the life that was lost.
What drives its value
The support the person provided and would have gone on providing, the funeral and medical costs, and the loss of their companionship, guidance and care. It is measured carefully, from records and from the family, and without pressure. The insurance available is found early, including every policy that might respond.
What the insurer does
It may reach out early with sympathy and a figure. Nothing needs to be signed and no statement given; an early settlement closes the claim for the whole family. Aryan Aliakbarzadeh, Esq. can take over contact with the insurer so the family does not have to speak to it at all.
How long it takes
As long as the family needs it to. The claim can be started when you are ready and it moves at a pace you set, within the time limit the law allows. A claim that settles usually takes several months once it begins; one that has to be filed takes longer. Every step is explained before it happens.
What to do in the first week
Nothing beyond caring for your family. When you are ready, keep the death certificate, the police or incident report, and any medical records together, and note the name of any insurer that has made contact. The paperwork can wait until then.
The days after
- At the scene
Stop. Call 911 if anyone is hurt. Exchange licence, registration and insurance details, and photograph the vehicles, the scene and anything that shows what happened.
- Within 24 hours
If anyone was hurt or killed, report the collision to the police or the CHP. If you were hurt, get seen and keep the paperwork you are given.
- The same week
Tell your own insurer promptly; policies require it. Give them the facts and keep the claim number.
- Within 10 days
File the DMV’s SR-1 report if anyone was injured or the damage passed $1,000. It is required even when the police took a report; without it the DMV can suspend a licence.
- When the other insurer calls
You can decline a recorded statement and refer them to your own insurer or your lawyer. Sign nothing about fault.
- The weeks after
Keep the vehicle, the bike, the helmet and any damaged property as they are until they have been photographed and inspected. Keep a simple record: symptoms, appointments, missed work, receipts.
- Before you sign
Ask for the collision report; the LAPD releases it about six weeks after the crash. Do not sign a release or take a quick payment before the injury is understood, because a release ends the claim.
Step 1 of 7
Your attorney
Aryan Aliakbarzadeh, Esq.
Personal injury attorney in Northridge, California. Admitted to the State Bar of California in October 2012, No. 284358; 13 years in practice. Super Lawyers Rising Stars, 5 years in a row.
About Aryan Aliakbarzadeh, Esq.
Reviews are published as clients wrote them on Google. Every case depends on its own facts, and a past result does not predict the outcome of any other case. Full statement.
Questions
Questions about wrongful death cases
Is there a time limit on a wrongful death claim?
The general limit in California is two years, with exceptions. Nobody can tell you from a form whether yours is still open; a quiet conversation can.
What does a wrongful death claim cover?
Funeral costs, the support the person would have provided, and the loss of their companionship. It is measured carefully and without pressure.
Do I have to decide now?
No. Aryan Aliakbarzadeh, Esq. can explain who is entitled to bring the claim and what it involves, and you decide when you are ready.
How is a wrongful death settlement divided among the family in California?
By agreement if the family can reach one, and by the court if not. Each person entitled to claim under Code of Civil Procedure §377.60 recovers for their own loss, so the shares reflect who depended on the person and who lost the most, not an equal split. Where the parties agree, the court is asked to approve the division; where they do not, a judge decides after hearing from each.
Can a brother, sister or parent bring a wrongful death claim?
Parents can, when the person had no spouse, domestic partner or children, or when the parents were financially dependent on them. Brothers and sisters can only when there is no one ahead of them in the order set by Code of Civil Procedure §377.60. The order is fixed by law, not by who was closest, which is why the question comes up so often in families.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is the family’s own loss: the support, companionship and guidance the person would have given. A survival action is the claim the person had before they died, brought by their estate: their medical bills, the wages they lost, the damage to their property. In California the two are usually brought together, and Accident Lawyer of California, P.C. files them as one case.
The driver is being prosecuted. Do we have to wait for the criminal case before we can claim?
No. The criminal case is the state’s; the wrongful death claim is the family’s, and it can be filed and pursued while the prosecution goes on. The two have different standards of proof, so a claim can succeed whatever happens in the criminal court, and a conviction, where there is one, helps. The time limit on the civil claim keeps running during the prosecution, which is the reason not to wait.
Who pays for the funeral?
The family pays first, and the claim recovers it. Reasonable funeral and burial costs are part of what a California wrongful death claim covers, and the person who paid them is repaid from the recovery. Keep the invoices and receipts, whoever in the family paid; they are part of the claim.
Free consultation
Not sure if you need a lawyer?
Call and ask. Free consultation, nothing to sign. If you would rather not talk yet, send a message below. Same day reply.
Where is the office?
Accident Lawyer of California, P.C. is at 8535 Reseda Blvd. #100, Northridge, CA 91324, in the San Fernando Valley.
Call or text. Same day reply.
- Office
- 8535 Reseda Blvd. #100, Northridge, CA 91324
- Hours
- Open 24 hours
- Serving
- Northridge · Porter Ranch · Van Nuys · Sherman Oaks · Woodland Hills · Reseda · Canoga Park · Encino · Granada Hills
- Phone
- 818-718-2522
- Text
- 818-718-2522
- info@alca4u.com