Frequently Asked Questions

Below are some answers to questions frequently encountered by attorneys in the Torrance law office of AgnewBrusavich:

Q.  Do I need to hire a lawyer?

A.  In a normal personal injury case, you may be contacted by the other person's insurance company with an offer of settlement, but in a wrongful death case, you may not be contacted at all.  In that case, it may be necessary to initiate contact with the defendant or insurance company, and an experienced attorney will have the knowledge and skills to begin that process in a way that preserves your legal rights and maximizes your recovery.

While most cases do settle before going to trial, the settlement process is lengthy and complex, requiring the resolution of many legal issues along the way.  At AgnewBrusavich, we stress the importance of preparing for trial from the very beginning, an approach that is generally much more likely to provoke a favorable settlement.

Q.  How much time do I have to file a lawsuit?

A.  Generally speaking, the statute of limitations in a California wrongful death case is two years from the date of death.  If an action is not initiated within this time period, then a lawsuit is forever barred from being brought.  Following the death of a loved one, the family's time can be consumed with funeral arrangements, grieving, and the lengthy process of administering an estate through probate and perhaps negotiating with the insurance company for a settlement.  For this reason, it is important that an attorney be brought on board early on in the process, so that important deadlines such as the statute of limitations are not missed.

There are several exceptions to the two-year rule.  If the death occurred as a result of asbestos exposure or medical malpractice, a complex set of rules could shorten the period to one year or lengthen it to three years or more.  Also, other issues may suspend, or "toll," operation of the statute of limitations, such as when minors are involved, the defendant is absent from the state, or fraud is involved in concealing the cause of death.  An experienced attorney can help evaluate your case and establish the proper timeframe in which a lawsuit must be filed.

Q.  How can I determine the value of my claim?

A.  While some economic damages are fairly easy to determine, such as funeral and burial expenses, others may require extensive research and even expert witness testimony as to the future value of loss of financial support from the deceased, or the reasonable value of household services the decedent would have provided.  Other damages which are considered non-economic are harder to calculate, including the loss of companionship of the deceased.  The value of these damages is highly dependent upon the nature of the case, and requires a thorough evaluation by an experienced trial attorney.

It is fairly certain that no matter the circumstances of your case, the defendant's insurance company will likely undervalue your claim.  For examples of the difference between what the insurance company initially offered and the results we eventually achieved, view some of our verdicts and settlements.

If you have further questions or require representation in a wrongful death case anywhere in the Los Angeles South Bay area, contact AgnewBrusavich today for a free consultation to find out how we can help you obtain the recovery to which you and your family are entitled.