Pursuing a wrongful death claim is deeply personal and legally challenging. In Los Angeles, grieving families often face overwhelming loss and a complicated legal system—and even a single error can jeopardize your case or cut your compensation.
At Venerable Injury Law, we see how these avoidable mistakes can derail claims. Knowing them in advance gives your family the best chance for justice and financial security.
1. Waiting Too Long to Take Legal Action
California law generally allows two years from the date of death to file a wrongful death claim. Miss this strict deadline and your lawsuit may be dismissed, no matter how strong the evidence.
But evidence can quickly disappear during this period:
Surveillance footage may be erased within days
Accident scenes change or become inaccessible
Witness memory fades or becomes unreliable
Insurance companies take advantage of delays, arguing there’s insufficient proof to hold their insured liable.
Tip: Consult a Los Angeles wrongful death attorney early. Acting promptly isn’t rushing grief—it’s preserving your legal rights and vital evidence. When you find a wrongful death lawyer in Los Angeles early in the process, you give your family the best chance at preserving key evidence and building a strong case. A timely consultation allows your legal team to investigate thoroughly, gather documentation, and ensure that all deadlines and procedural requirements are properly met.
We will work tirelessly to help you recover the compensation you need to move forward with your life
2. Failing to Preserve Key Evidence
Evidence in wrongful death cases is fragile and time-sensitive. Quick action can mean the difference between proving negligence and losing your case.
Key evidence includes:
Photos of the accident and injuries
Police, paramedic, and autopsy reports
Eyewitness statements
Surveillance or dash cam footage
Technical evidence—vehicle black box data, cell records, commercial maintenance logs—can be decisive. Once lost, it is nearly impossible to recover.
Our team immediately issues evidence preservation letters and investigates aggressively so nothing critical is missed.
We will treat you with the respect and compassion you deserve.
3. Talking to Insurance Companies Without a Lawyer
Insurance adjusters may seem compassionate, but their job is defending the insurer’s finances. Speaking directly or signing paperwork can result in:
Statements being used against you
Unintentional admissions or waivers
Pressure to accept low, fast settlements
Let your attorney handle all insurance communications. This protects your words and positions your case strongly from the start.
4. Accepting the First Settlement Offer
Financial stress is real—medical bills, funeral costs, lost wages demand attention. But initial settlement offers rarely reflect the true value of your loss.
Risks of a quick settlement:
Future expenses and earning lost are underestimated
Emotional damages and companionship loss undervalued
Signing a release ends your right to additional recovery
We assess all long-term impacts before negotiating, ensuring no category of compensation is overlooked.
You are not just a case number – you are our top priority.
5. Choosing the Wrong Attorney
Wrongful death law in California is complex. Your lawyer must have:
Proven expertise in wrongful death litigation
Familiarity with Los Angeles courts and judges
Strong communication and compassion
A reputation for client-focused, aggressive advocacy
The right lawyer identifies hidden deadlines and builds the strongest case. The wrong one can make mistakes that cannot be undone.
Special Notes: Shorter Deadlines for Government Claims and Medical Malpractice
Claims Against Government Entities
If your claim involves a public entity (city, county, law enforcement, public hospital):
You must generally file an administrative claim within 6 months of death
You must then wait up to 45 days for a response before filing suit
Missing these steps bars your claim, regardless of merit
Medical Malpractice Wrongful Death
California law sets a different clock for medical negligence:
Three years from the date of injury OR one year from discovery, whichever is sooner (Cal. Code Civ. Proc. §340.5)
Sometimes, families have less than a year to act
Minors’ Claims: Statute of limitations may be tolled until the child’s 18th birthday, but guardians usually must act quickly to protect evidence and rights.
Protecting Your Family’s Future Starts Now
A lawsuit cannot replace your loved one, but it can secure needed resources and accountability. Avoid these mistakes for the strongest possible case.
Venerable Injury Law supports grieving families across Los Angeles and nearby communities, acting quickly to secure evidence, meet every deadline, and pursue full compensation.
Contact us today for a confidential consultation with a Los Angeles wrongful death lawyer. The first step toward justice starts the moment you reach out. Visit our wrongful death claims page to learn more about how we advocate for families across Los Angeles and nearby communities. Let us help you find clarity, confidence, and justice during one of the most difficult times of your life.
We believe that our experience, dedication, and personalized approach set us apart from the rest.
