Fighting for Families Who Have Lost a Loved One
Losing someone you love because of another person’s or company’s negligence is an experience no family should have to endure. A wrongful death claim cannot undo what has happened, but it can provide financial security, hold wrongdoers accountable, and help prevent the same tragedy from happening to someone else.
Attorney Tobin Lanzetta has represented families in some of the most significant wrongful death cases in California, including his instrumental role in the Santa Monica Farmers Market tragedy, where the City of Santa Monica and other defendants paid $21 million to settle claims on behalf of the victims. Named to Super Lawyers every year since 2014 and recognized among the Top 100 lawyers in Southern California, he brings the same level of dedication, preparation, and compassion to every family he represents.
Who Can File a Wrongful Death Claim in California?
Under California Code of Civil Procedure Section 377.60, a wrongful death claim can be filed by the deceased person’s surviving spouse or domestic partner, surviving children, or any person who would be entitled to the decedent’s property through intestate succession. If no one in those categories survives, other individuals who were financially dependent on the deceased may have standing to file.
What Damages Are Available?
California wrongful death damages are meant to compensate the survivors for what they have lost. This can include the financial support the deceased would have provided over their lifetime, loss of love, companionship, comfort, care, assistance, protection, affection, and moral support, the value of household services the deceased would have contributed, and funeral and burial expenses. In a separate survival action, the estate can also recover damages the deceased person suffered before death, including pain and suffering and medical expenses.
Common Causes of Wrongful Death
Our firm handles wrongful death cases arising from a wide range of circumstances, including motor vehicle accidents caused by negligent or reckless drivers, defective products and machinery, workplace accidents in construction and industrial settings, train crashes and railroad incidents, trucking and commercial vehicle collisions, premises liability and negligent security, and government negligence and dangerous public property conditions.
The Statute of Limitations
In California, you generally have two years from the date of death to file a wrongful death lawsuit. If the claim is against a government entity, you may need to file an administrative claim within six months. Because of these strict deadlines and the complexity of investigating a death, it is critical to contact an attorney as soon as possible.
Our Approach to Wrongful Death Cases
We understand that no amount of money can replace the person you’ve lost. Our approach begins with listening, understanding your family’s situation and what you need. From there, we conduct a thorough investigation, retain the best experts, and build a case designed to maximize accountability and compensation. We handle large, multi-party wrongful death cases involving multiple defendants, and we have the resources and experience to see them through trial if necessary.
Free Consultation
If your family has suffered a wrongful death, contact Lanzetta Law for a free, confidential consultation. With offices in Downtown Los Angeles and Santa Fe, New Mexico, and licensed in both California and New Mexico, we are positioned to represent families across both states. We will review your case, explain your legal options, and help you understand the path forward.