Wrongful Death in California

Helping Families Seek Justice After Tragedy

Lost a Loved One Due to Negligence?

We Stand With California Families in Their Hardest Moments

Losing a loved one in an accident caused by someone else’s negligence is devastating. Along with the emotional pain, families are often left facing financial challenges like medical bills, funeral costs, and lost household income. While no amount of money can replace a life, California law allows families to hold negligent individuals and companies accountable through a wrongful death claim. At our firm, we help grieving families navigate this complex legal process with care and determination, working to secure justice and financial security for those left behind.

Types of Wrongful Death Cases We Handle

Fighting for Justice in Every Situation

Auto and Truck Accidents

Fatal crashes involving cars, commercial trucks, or rideshare vehicles caused by negligent or reckless drivers.

Motorcycle and Pedestrian Fatalities

Tragic losses resulting from careless drivers failing to yield or pay attention.

Premises Liability Cases

Deaths caused by unsafe property conditions, such as falls or inadequate security leading to violent crimes.

Defective Products

Fatal injuries caused by unsafe consumer products, machinery, or medical devices.

Workplace Accidents

Fatal incidents on construction sites or other hazardous work environments where third parties may be liable.

Criminal Acts

Homicides or violent crimes where property owners failed to provide adequate security measures.

Wrongful Death Claims in California

What Families Should Know About the Process

In California, wrongful death claims are governed by a specific statute that outlines who can file, what damages may be recovered, and the time limits for bringing a case. Typically, the personal representative of the deceased person’s estate files the lawsuit on behalf of surviving family members. These cases can involve complex issues like calculating future lost earnings and proving liability against powerful defendants. Working with an experienced attorney is essential to navigating these challenges and protecting your family’s rights.

Two-Year Filing Deadline:

California law requires wrongful death claims to be filed within two years of the date of death.

Eligible Family Members:

Spouses, children, parents, and other dependents may be entitled to recover damages.

Recoverable Damages:

Includes medical bills, funeral expenses, loss of companionship, and loss of financial support..

Common Wrongful Death Questions

Helping Families Understand Their Legal Options

  • What is a wrongful death claim, and how is it different from a criminal case?
    A wrongful death claim is a civil lawsuit brought by the surviving family or estate of someone who died due to another party’s negligence, recklessness, or intentional act. It is separate from any criminal charges that might be filed against the responsible person. In California, wrongful death allows survivors to seek financial compensation for their personal losses tied to the death. Unlike a criminal case—which is pursued by the state and focuses on punishment—a wrongful death lawsuit focuses on recovery for the victim’s family. It’s about holding the responsible party financially accountable and addressing the real-life costs of losing a loved one. You can pursue both types of cases simultaneously. Even if the at-fault party is acquitted criminally, they can still be found liable in civil court. That’s because the burden of proof is lower in civil cases—you only need to show responsibility by a preponderance of the evidence, not beyond a reasonable doubt.
  • Who can file a wrongful death lawsuit in California?
    In California, only certain people are legally permitted to bring a wrongful death claim. These typically include the deceased person’s spouse, domestic partner, and children. If there are no direct descendants, other relatives—such as parents or siblings—may file if they were financially dependent on the deceased. The law is designed to give standing to those who suffer the most from the loss—emotionally and financially. In some cases, individuals who can show that they were dependent on the deceased (such as stepchildren or putative spouses) may also have a right to bring a claim. An attorney can help determine who is eligible based on California’s wrongful death statute. The claim must be filed in a timely manner and by the correct party to avoid being dismissed for lack of standing.
  • What types of damages are available in a wrongful death case?
    Wrongful death damages in California are intended to compensate survivors for both economic and non-economic losses. Economic damages may include funeral and burial expenses, loss of the deceased’s income and benefits, and the value of household services they would have provided. Non-economic damages cover the emotional toll of the loss. This includes loss of companionship, love, guidance, emotional support, and moral support. These damages recognize the human cost of the loss, even though they’re not easily measured in dollars. California does not impose a cap on damages in standard wrongful death claims (except in some medical malpractice cases). Each case is different, and the total value depends on the deceased’s age, income, role in the family, and other personal and financial details.
  • How long do I have to file a wrongful death lawsuit in California?
    The statute of limitations for wrongful death in California is generally two years from the date of the person’s death. If you miss this deadline, the court will likely dismiss your case, regardless of how strong your claim is. There are exceptions in some cases. For instance, if the death was caused by medical malpractice or involved a government entity, different rules and shorter timelines may apply. It’s crucial to speak with a qualified attorney as soon as possible to preserve your rights. Early legal action also helps preserve evidence, secure witness statements, and start building a strong case. Waiting too long may not only risk your eligibility—it can also make it harder to prove the circumstances that led to the death.
  • Can multiple family members be part of the same claim?
    Yes. California allows eligible surviving family members to join together in a single wrongful death lawsuit. This is common and often beneficial, as it ensures all parties are represented, avoids conflicting claims, and presents a united case against the defendant. The court may divide damages among the claimants based on their relationship to the deceased and their individual losses. If there are disagreements among family members about how to proceed or distribute any recovery, those issues can be resolved during the legal process or in probate court. Working with one legal team ensures coordination and clarity throughout the case. It also allows the family to share in a single investigation, discovery process, and trial preparation, which can reduce costs and streamline the path to justice.
  • What’s the difference between a wrongful death claim and a survival action?
    A wrongful death claim seeks compensation for the family’s losses—such as loss of financial support, companionship, and funeral expenses. A survival action, on the other hand, is brought on behalf of the deceased person’s estate and seeks compensation for the harm the person themselves suffered before death. In a survival action, the estate may recover for things like the deceased’s pain and suffering (if death wasn’t instantaneous), medical expenses, and lost income between injury and death. It does not include compensation for the family’s emotional suffering—that’s covered in the wrongful death suit. Often, both actions are filed together, as they address different types of damages and can be pursued in the same case. An experienced attorney will help you determine which claims are available and how to maximize recovery under each.
  • What kinds of incidents can lead to a wrongful death claim?
    Wrongful death claims can arise from any situation where a person’s death was caused by another party’s negligence, recklessness, or intentional act. This includes car accidents, truck collisions, medical malpractice, workplace incidents, defective products, violent crimes, and unsafe premises. California law allows these claims in both public and private settings—whether the at-fault party is a corporation, an individual, or even a government entity. The key is showing that the death could have been prevented if reasonable care had been taken. No matter how the death occurred, it’s worth speaking to a lawyer to understand if a claim is possible. A thorough legal review can uncover liability in cases that initially appear accidental or unavoidable.
  • Can I still sue if the death occurred at work or on a job site?
    Yes, but your legal options may differ depending on the situation. In most cases, California law limits workplace deaths to workers’ compensation benefits, which provide modest financial support to surviving dependents—but not pain and suffering or full economic losses. However, if a third party (such as a contractor, manufacturer, or property owner) contributed to the death, you may have grounds for a civil wrongful death lawsuit in addition to a workers’ comp claim. This is often the case in construction site accidents or commercial vehicle incidents. It’s critical to investigate the entire chain of responsibility. A knowledgeable attorney can determine whether any party outside the employer can be sued, potentially unlocking far more substantial compensation for the family.
  • Will filing a wrongful death claim help prevent future harm?
    It can. Wrongful death lawsuits don’t just provide financial relief—they often force change. When a company, hospital, landlord, or agency is held accountable in civil court, it puts pressure on them (and others in the industry) to adopt safer practices. Lawsuits can lead to better product design, improved policies, safer facilities, and stronger enforcement of safety regulations. For some families, the ability to prevent another life from being lost is a powerful reason to move forward with a claim. While no outcome can undo the loss, pursuing justice sends a message: that lives matter, that negligence has consequences, and that accountability can lead to change.
  • How do I start the process of filing a wrongful death claim?
    The first step is to speak with an experienced wrongful death attorney. They will listen to your story, help identify your legal standing, and assess whether your case meets the criteria for a claim under California law. Initial consultations are usually free, and most lawyers work on a contingency basis—you don’t pay unless they win. Your attorney will then gather evidence, obtain records (such as police reports, medical documents, and witness statements), and prepare the legal filings needed to initiate the claim. They’ll also handle communications with insurance companies and opposing parties. It’s important to act as soon as you’re able. The legal system can feel overwhelming, especially while grieving, but your attorney is there to carry the legal burden so your family can focus on healing. Filing a claim is your right—and your path to both accountability and closure.