Losing Someone to Negligence. Your Family Deserves Justice.

What Is a Wrongful Death Claim in California?

Under California Code of Civil Procedure § 377.60, a wrongful death claim can be filed when a person's death is caused by the wrongful act or neglect of another party. These cases are civil — separate from any criminal charges — and are brought by the surviving family members or personal representative of the deceased's estate.

California wrongful death law allows eligible survivors to seek compensation for the financial and emotional losses they suffer as a result of losing their loved one.

Who Can File a Wrongful Death Lawsuit in California?

California law specifies who has the right to bring a wrongful death claim. Priority is given to the closest surviving family members:

• Spouse or domestic partner — highest priority
• Children — including adult children
• Grandchildren — if the deceased's children are also deceased
• Anyone financially dependent on the deceased — such as a putative spouse or stepchildren in some circumstances
• Parents — may have standing if the deceased left no spouse or children

If there is no surviving spouse, children, or other immediate heirs, other dependents may have standing. An attorney can determine who has the right to file in your specific situation.

Common Causes of Wrongful Death in Los Angeles

Wrongful death claims arise across a wide range of tragic circumstances:

• Car accidents — the most common cause of wrongful death in LA, including DUI crashes and multi-vehicle collisions
• Truck and commercial vehicle accidents — involving semi-trucks, delivery vehicles, and buses
• Motorcycle accidents
• Pedestrian accidents — particularly in high-traffic LA areas like Hollywood, Downtown, and the Westside
• Medical malpractice — surgical errors, misdiagnosis, medication errors
• Premises liability — falls, unsafe conditions, security failures
• Product liability — defective vehicles, machinery, or medical devices
• Workplace accidents — construction falls, equipment failures
• Violent crime — in cases where a property owner's negligence enabled the attack

What Damages Can Be Recovered in a Wrongful Death Case?

California law allows surviving family members to recover for the losses they personally suffer as a result of the death:

• Financial support — income the deceased would have contributed to the household over their expected lifetime
• Loss of household services — the value of domestic work, childcare, and other services the deceased provided
• Funeral and burial expenses
• Loss of companionship, comfort, and society — the personal relationship loss each survivor experiences
• Loss of guidance and training — particularly for minor children who lose a parent
• Medical expenses — costs incurred before death from the fatal injury or illness

Additionally, the estate may file a separate "survival action" under California CCP § 377.30 to recover damages the deceased personally suffered before death — including pain and suffering, lost earnings from the time of injury to death, and medical bills.

Proving a Wrongful Death Claim

To succeed in a California wrongful death lawsuit, the plaintiff must prove four elements:

• Death — a human being died
• Negligence or wrongful act — the defendant's conduct caused the death (negligence, recklessness, intentional misconduct, or strict liability)
• Causation — the defendant's actions directly caused or contributed to the death
• Damages — surviving family members suffered quantifiable losses

Wrongful death cases are governed by the civil "preponderance of evidence" standard — meaning you must show it is more likely than not (greater than 50%) that the defendant was responsible. This is a lower bar than the criminal "beyond a reasonable doubt" standard.

Statute of Limitations for Wrongful Death in California

Under California Code of Civil Procedure § 335.1, wrongful death claims must generally be filed within 2 years of the date of death. However, exceptions may apply:

• Claims against government entities require a government tort claim to be filed within 6 months of the death
• Medical malpractice wrongful death claims may have different timing rules under California's MICRA statute
• Cases involving minors may toll the statute in certain circumstances

Do not wait. Evidence is gathered, witnesses are located, and cases are built in the weeks and months following a death — not years later.

How a Wrongful Death Attorney Helps

Grieving families should not have to navigate the legal system alone. A Los Angeles wrongful death attorney will:

• Conduct an independent investigation to establish liability
• Work with accident reconstruction experts, medical professionals, and economists
• Calculate your family's full economic and non-economic losses
• Handle all communications with insurance companies and defense attorneys
• Fight for maximum compensation — at the negotiating table or in court