A wrongful death lawsuit in California might not bring your loved one back, but it can help you seek justice and receive the financial compensation you need to start healing.
If you lost a loved one in an accident due to someone else’s wrongful actions, this article will help you understand what a wrongful death claim is and what the process is like when filing one.
What is a Wrongful Death Lawsuit in California?
The pain of losing a loved one is something no one should ever have to face. But when that loss results from someone else’s careless actions or negligence, the grief can feel even more unbearable. You may find yourself not only mourning the life that was taken too soon but also struggling with the sudden financial burden that comes with it.
A wrongful death lawsuit in California provides a way for surviving family members to seek justice and compensation for their profound loss. It is about holding the responsible party accountable for the pain and suffering they’ve caused. Whether it is the costs of a funeral, lost wages from the deceased, or emotional trauma, a wrongful death claim is a way to begin healing, both financially and emotionally.
This legal action allows family members to recover from some of the financial hardship caused by a loved one’s passing. But, more than that, it acknowledges the depth of the emotional pain that comes from losing someone you depended on for love, support, and companionship. While no amount of money can replace a person, a wrongful death claim helps to provide a sense of justice in a world that can feel incredibly unfair.
Who Is Eligible to File a Wrongful Death Suit or Survival Action?
California law allows certain individuals to file a wrongful death lawsuit to hold the responsible party accountable and recover compensation for the emotional and financial toll of their loss.
Under California Civil Code 337.60, the following individuals are eligible to file a wrongful death claim:
- The surviving spouse
- The deceased’s children
- The victim’s parents
- The victim’s siblings
If there are no immediate family members, those entitled to the deceased’s estate under California’s intestate succession laws may have the right to file a wrongful death claim with the proper legal documentation.
In addition to wrongful death claims, survival actions may be pursued by the deceased’s estate representative. This type of claim allows the deceased’s estate to recover compensation for medical expenses, lost wages, and other damages the victim would have been entitled to had they survived. The estate representative can be:
- The victim’s lawyer who managed their legal affairs.
- An accountant who handled their financial matters.
- A close personal friend who was trusted to carry out their final wishes.
- A family member chosen to act on their behalf.
- Someone appointed in the decedent’s trust or will, ensuring their final wishes are honored.
No amount of financial compensation can ever truly replace the person you’ve lost. However, seeking justice through a wrongful death claim can provide much-needed closure. It helps grieving families begin the healing process while ensuring the responsible party is held accountable for their actions.
What Damages Can I Include in a Wrongful Death Claim?
Those eligible to file a wrongful death lawsuit can seek both economic and non-economic damages. The goal of these damages is to compensate the surviving family members for the financial and emotional losses they have suffered.
To calculate these damages, a jury will consider the life expectancy of the deceased person. The jury will evaluate the decedent’s health, lifestyle, habits, and employment history to determine a reasonable life expectancy.
While they may use official data like the Vital Statistics of the United States as a reference, they are not bound by it. Their final determination is based on the specific evidence presented in your case.
Economic Damages
Economic damages are the tangible financial losses that result from a loved one’s death. These are calculated based on what the deceased would have contributed to the family. They include:
- Loss of Financial Support: The income and financial contributions the decedent would have provided to the family for the duration of their expected lifetime.
- Loss of Gifts or Benefits: The value of gifts or benefits the family members would have reasonably expected to receive from the deceased.
- Funeral and Burial Expenses: The full cost of funeral and burial services.
- Loss of Household Services: The reasonable monetary value of the household services the decedent would have performed, such as childcare, cleaning, and home maintenance.
We fight to ensure every dollar of your financial loss is accounted for and recovered.
Non-Economic Damages
Non-economic damages are intended to compensate for the profound emotional and personal losses that cannot be easily assigned a dollar value. These damages acknowledge the deep personal impact of the death on the surviving family members. They include compensation for the loss of:
- Love, Companionship, and Comfort: The loss of the unique bond and emotional support the deceased provided.
- Care, Help, and Protection: The loss of the guidance and security your loved one offered.
- Affection and Moral Support: The loss of the emotional connection and encouragement that shaped your life.
- Sexual Relations: For a surviving spouse or partner, the loss of intimacy.
- Training and Guidance: The loss of the parental guidance and mentorship that the deceased would have provided to their children.
A jury determines the amount for non-economic damages based on evidence and its own judgment of what is reasonable. It’s important to note that these damages are not meant to compensate for the survivors’ grief or sorrow but for the loss of the relationship itself.
While no financial compensation can ever replace what you’ve lost, a wrongful death claim can help provide the stability you need to move forward, both emotionally and financially. If you are unsure of your next steps, a compassionate California wrongful death lawyer can help manage your case with the sensitivity and expertise you need to protect your family’s future.
Statute of Limitations for Wrongful Death in California
Time limits are one of the most important parts of filing a wrongful death lawsuit in California. Under California Code of Civil Procedure § 335.1, surviving family members generally have two years from the date of death to bring a wrongful death claim.
However, not every case follows the same timeline. If the claim involves a government entity, for example, a city bus accident or negligence by a government employee, families typically must file an administrative claim within six months. Missing these deadlines can permanently bar you from recovering compensation, no matter how strong your case may be.
That’s why it’s critical to act quickly, even if you’re still grieving. Starting the process early ensures you preserve your right to justice and financial recovery.
Can Multiple Family Members File Separate Claims?
A common question families ask is whether each relative can file their own wrongful death lawsuit. In California, the answer is no. There can only be one wrongful death action.
This doesn’t mean only one family member benefits from the claim. Instead, all eligible relatives (such as a spouse, children, or parents) must be included in a single joint lawsuit, and any compensation awarded is then divided among them.
If family members disagree about how damages should be shared, the court has the power to decide what is fair based on the evidence and each person’s relationship with the deceased.
Do Wrongful Death Lawsuits Always Go to Trial?
Not every wrongful death case ends up in the courtroom. In fact, most are resolved through settlement negotiations with the at-fault party’s insurance company. Settlements can save families the stress and emotional toll of a trial while still providing fair compensation.
That said, some cases do proceed to trial, especially when:
- The insurance company disputes liability.
- The settlement offer is unreasonably low.
- There are complex facts or multiple parties involved.
If a trial becomes necessary, it gives families the chance to present their case before a jury and seek full accountability. A skilled California wrongful death lawyer can prepare for both scenarios, pursuing a strong settlement while being fully ready to fight in court if needed.
What to Expect When in a Wrongful Death Claim Process
While no legal process can ease the pain of such a loss, filing a wrongful death claim can help you hold the responsible party accountable and provide your family with the financial support you need. But we know the thought of entering a legal battle with insurance companies while grieving may feel intimidating or even impossible.
That’s why understanding the steps involved can be empowering. Knowing what to expect can give you back a sense of control during a time that feels anything but stable. Here’s what to expect in a wrongful death claim process in California.
We’ll Help You Understand Who’s at Fault
In California, wrongful death laws allow the families of victims to seek justice when someone dies as a result of another’s negligence or intentional actions. Whether it’s a car crash, a truck accident, a motorcycle accident, or even a criminal act, if someone else’s reckless behavior led to the death, they can be held responsible.
The first step is figuring out who is to blame. Was the driver speeding? Did the company fail to maintain its vehicles properly? Was there a dangerous condition on the road that led to the tragedy? In every case, we’ll work tirelessly to uncover the truth and identify who should be held accountable.
We’ll Help You Understand If You Have a Strong Case
Filing a wrongful death lawsuit in California requires more than just grief; it requires legal standing. In California, certain family members, such as spouses, domestic partners, children, and others who depended on the victim financially, are eligible to file.
Our team understands that this is an incredibly emotional time, and we’ll guide you through this process. We’ll assess whether you have a valid claim based on the circumstances surrounding the accident and whether your relationship with the deceased qualifies you to seek justice on their behalf.
Our California Wrongful Death Lawyers Will Be With You Every Step of the Way
Once we’ve confirmed that you have grounds for a lawsuit and that you’re eligible to file, we go to work fast. Our job is to lift the burden off your shoulders, so you can focus on your grief and healing. From gathering crucial evidence to filing the claim, we handle everything with care and attention. We’ll review police reports, talk to witnesses, and even consult experts to strengthen your case.
This process can be emotionally taxing, but know that you don’t have to go through it alone. We’re here to support you with the sensitivity and compassion you deserve.
Demanding Justice and Compensation
One of the first steps we take after gathering all the facts is sending a demand letter to the at-fault party or their insurance company. This letter explains why they are responsible for your loved one’s death and what you are seeking in terms of compensation.
While the at-fault party may not respond right away or may offer a lower settlement, we’re not afraid to negotiate for the compensation you deserve. If we can’t reach a fair agreement, we’re fully prepared to take your case to court and fight relentlessly for the justice you need.
Your Healing Journey Starts Here
Filing a wrongful death lawsuit in California can feel overwhelming, especially when you’re still reeling from the loss. But this legal process isn’t just about numbers, but about acknowledging your pain, demanding accountability for the wrong that was done, and ensuring that the future your loved one was robbed of isn’t forgotten.
At The Law Offices of Larry H. Parker, we fight for families like yours every day, helping them find justice and peace of mind during some of their darkest times.
If you’ve lost someone you love in a tragic accident, don’t wait to seek the justice you deserve. Call us today at 562-620-3843 for a free legal consultation. We’ll be with you every step of the way, so you don’t have to navigate this difficult journey alone.
Car crash taking over your life? Contact us now—our skilled accident lawyers provide a free review of your case.
What Our Clients Say About Us
No other California wrongful death lawyer will fight for you as passionately as we will, even though many may take on your case and prepare a legal defense. As proved by our previous clients, our lawyers are extraordinarily well-equipped to put up a claim without making any mistakes:
“My husband and I are really happy with the results of our case. They solved it very, very fast! We will refer our friends if they need a lawyer who takes the cases seriously. And they also speak Spanish.” – Lucia R.
Frequently Asked Questions About Personal Injury Claims
Need to learn more about wrongful death claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.
- 6 Things To Consider When Calculating Personal Injury Settlements
- Learn the Facts from a Wrongful Death Attorney in Long Beach, CA: What is a Wrongful Death Case?
- What Happens When a Minor Loses Their Parent in a Wrongful Death Case?
- Who Is Liable In a Bicycle Accident on Multi-Lane Roads?
References
California Civil Code 337.60. (n.d.). California Public Law. https://california.public.law/codes/ca_civ_proc_code_section_377.60
California Code of Civil Procedure § 335.1. (n.d.). California Legislative Information.
