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Wrongful Death California: 4 Mistakes That Can Hurt Your Case

Jul 4, 2022

4 Ways You Could Damage a Wrongful Death California Claim

To help with financial recovery, surviving families can file a wrongful death case in California and receive compensation for the damages sustained by both the victim and their family. However, while families can pursue a case, specific actions can weaken their chances of receiving a fair settlement. In the worst-case scenario, these acts can even compromise their rights. 

In this article, you will understand the common mistakes that can weaken your wrongful death claim and what to do to protect yourself and your loved one’s rights in honor of their life. 

What Is a Wrongful Death Claim?

There is no pain like losing someone you love, especially when you know it didn’t have to happen. When a person’s life is cut short due to someone else’s negligence or wrongdoing, the surviving family can seek justice by filing a wrongful death case.

A wrongful death claim is a legal remedy that allows surviving family members to pursue justice and financial compensation following the untimely loss of a loved one. While no legal action can ever undo such a profound tragedy, a successful claim can help alleviate the financial burdens associated with medical expenses, funeral costs, and lost income. 

Beyond the monetary relief, it also acknowledges the emotional impact of the loss, providing a measure of accountability and recognition for the pain endured. Most importantly, it serves as a step toward preventing similar tragedies in the future, holding negligent parties responsible for their actions and upholding the value of human life.

When is a Death Considered Wrongful?

A wrongful death occurs when someone loses their life because of another party’s careless, reckless, or intentional actions. In these heartbreaking cases, surviving family members have the legal right to pursue a claim and hold the responsible party accountable, not only for financial losses but also for the emotional devastation left behind.

What Situations Can Lead to a Wrongful Death Claim?

Wrongful death can happen in countless tragic ways. Some of the most common include:

  • Car accidents caused by a distracted or reckless driver
  • Medical mistakes that result in a patient’s death
  • Workplace accidents, especially those linked to unsafe conditions or employer negligence
  • Dangerous or defective products, including items with inadequate warnings or faulty designs
  • Slip, trip, and fall accidents on unsafe premises
  • Property hazards that should have been addressed but were ignored

No matter the cause, if your loved one were still here today, had someone acted more responsibly, you may have the right to take legal action.

What Can a Wrongful Death Claim Help With?

A wrongful death lawsuit can’t bring your loved one back, but it can offer a path toward healing and stability. With a successful claim, you can claim financial compensation for:

  • Funeral and burial costs
  • Medical bills related to the fatal injury
  • Loss of income and future financial support
  • Loss of companionship, love, and emotional support
  • Pain and suffering experienced by surviving family members

But to succeed, you’ll need to prove that someone else’s actions or inaction directly caused the death. That’s why gathering evidence and acting quickly is crucial.

4 Mistakes that Weaken Your California Wrongful Death Claim

During such a vulnerable time, it’s easy to make decisions that may unintentionally hurt your chances of holding the responsible party accountable. Here are the four most common mistakes to avoid weakening your wrongful death claim.

Mistake 1: Speaking Publicly About the Incident

In the aftermath of a tragic and potentially high-profile loss, you may find yourself under pressure to make a public statement. It could be through traditional media, social media, or in conversations with friends and community members who are reaching out in support. Even if the incident isn’t high-profile, most family members feel it’s normal to post about the tragedy on social media. In such moments, the desire to express your grief, gratitude, or even offer perspective is entirely human.

However, it’s crucial to proceed with caution. During this emotionally vulnerable time, the other party can take even the most well-meaning comments out of context. For example, you may speculate on the events that occurred or express forgiveness or sympathy toward the at-fault party. In these cases, the other party can use your statements to challenge the strength of your wrongful death claim.

This is especially true for social media posts, which are public, permanent, and easily misinterpreted. What you share online may become part of the legal conversation, whether or not that was your intention.

Before posting online or speaking publicly about your loved one’s passing, consult with the best attorney for wrongful death California offers. They can advise you on what to say, what to avoid, and how to protect both your privacy and the integrity of your case. 

Mistake 2: Fighting with Family Members

Grief affects people in different ways. Tensions can rise, old wounds may reopen, and family disagreements can surface, especially when the family needs to make decisions about memorial arrangements or legal action.

But in wrongful death cases, family unity can be the foundation of a strong case. Infighting or disagreements about who should pursue the claim can delay justice, or worse, derail it.

Now more than ever, it’s essential to come together. Set aside differences, focus on your shared love for the person you lost, and lean on each other to go through this painful time.

Mistake 3: Speaking to the Insurance Company Without Legal Guidance

It might seem natural to notify your insurance provider after the accident. But remember: insurance companies are not on your side. Their goal is to minimize payouts, not to support grieving families.

Even a simple conversation with an adjuster can lead to misunderstandings or statements that may reduce the value of your claim.

Aside from this, there are specific laws that California follows regarding seeking compensation for wrongful death claims. Without legal guidance, you are battling insurance companies and managing the ins and outs of the case, all while grieving the death of your loved one. This can be overwhelming, and tragically, it can even lead to a lowball settlement or case dismissal.

For instance, under California Civil Code Section 377.60, specific individuals are legally permitted to file a wrongful death lawsuit. These typically include:

  • The surviving spouse of the deceased
  • The deceased person’s children
  • The parents of the victim, if no spouse or children are present
  • The victim’s siblings, in the absence of a surviving spouse, children, or parents
  • If there are no surviving immediate family members, those who would inherit from the victim’s estate under California’s intestate succession laws may also have the right to bring a wrongful death claim.

You didn’t know this. So, as a grieving wife of the victim, you allowed your most trusted sibling to file the case. Unfortunately, the relationship between your sibling and the victim does not stand, especially since you are the closest relative of the deceased. This technicality, then, is the reason why the court can dismiss your case.

Remember, before filing a wrongful death claim and speaking with any insurance company, call a wrongful death attorney. They will manage the case to avoid legal complexities, and insurance companies forfeit your rights to compensation.

Mistake 4: Waiting Too Long to Take Legal Action

We understand that legal matters are the last thing on your mind when you’re grieving. But unfortunately, time is not on your side.

Evidence fades, witnesses forget details, and filing deadlines can sneak up quickly. In California, the victim’s loved ones have two years from the date of death to gather evidence and file a wrongful death lawsuit. If you don’t take legal action within this timeframe, the court may dismiss the case, and you may lose the opportunity to seek justice and compensation.

The sooner you speak with a California wrongful death lawyer, the better your chances of building a strong, successful case. You don’t need to rush into anything. But you also shouldn’t wait until the trail has gone cold.

How Long Does It Take to Resolve a Wrongful Death California Case?

The timeline for a wrongful death California case can range from several months to over a year, depending on how complex the case is.

In some situations, where fault is clearly established and the insurance company is cooperative, a settlement may be reached in a matter of months. But more often, especially when the details are complicated or liability is disputed, the process takes longer. If your case proceeds to trial, it may take a year or more to reach a resolution.

Several factors can impact the length of your case:

  • Disputed liability – If the other party refuses to accept fault, your legal team will need time to collect evidence and prove negligence.
  • Valuing long-term damages – It takes careful consideration, and expert insight to determine the full impact of your loved one’s death, especially when future income, emotional trauma, and loss of companionship are involved.
  • Insurance company delays – Some insurers may attempt to minimize payouts or drag out the process. A strong legal team can help hold them accountable.
  • Court timelines – If your case goes to trial, the court’s schedule can also affect how long it takes to get justice.

We know that no amount of money will ever replace the person you lost. However, the legal process can be a way to ensure accountability and make sure your family’s suffering is acknowledged in the eyes of the law.

A compassionate and experienced wrongful death attorney will work to resolve your case as efficiently as possible without compromising its strength. Most importantly, they’ll manage your case through each step so you won’t have to deal with the legal complexities while grieving.

How Can a California Wrongful Death Lawyer Help Me?

When someone you love is taken too soon because of someone else’s negligence, the weight of grief can feel unbearable. Amid your heartache, you shouldn’t have to negotiate with the aggressive insurance adjusters, handle endless paperwork, and manage legal hurdles alone. Unfortunately, while you’re mourning, the insurance companies are focused on one thing: protecting their profits, not your family’s pain.

That’s where we come in.

The best attorney for wrongful death California offers can becomes your voice when it’s hard to speak, your strength when you’re overwhelmed, and your advocate when others try to minimize what you’ve lost.

Here’s what we do to help lift that burden:

  • We Handle the Legal Work: From filing deadlines to investigating the cause of your loved one’s death, wrongful death claims can be legally complex and emotionally draining. We take over every legal responsibility so you don’t have to worry about a thing.
  • We Fight for Every Penny You Deserve: Your loss is deeply personal. We pursue maximum compensation for wrongful death claims, such as medical bills, funeral expenses, lost future income, and the priceless loss of love, guidance, and companionship.
  • We Push Back Against Insurance Tactics: If insurers try to lowball your claim or deny it entirely, we fight back. Using evidence, expert testimony, and deep legal experience, we make sure your family’s truth is heard and respected.
  • We Protect Your Peace of Mind: You deserve time and space to grieve. We keep you updated, but we also shield you from the emotional toll of negotiations and courtroom confrontations.
  • We’re Prepared to Go to Trial: While many cases settle, we’re never afraid to go to court if that’s what it takes. Our team is battle-tested and committed to securing the justice your loved one deserves.

At The Law Offices of Larry H. Parker, we understand that no legal action can replace what you’ve lost, but holding the responsible party accountable can be a powerful step toward closure and healing. Call 800-333-0000 today for your free consultation. We’re here for you, every step of the way.

Connect with a trusted auto accident lawyer today — your first case review is free, and there’s no pressure to hire.

What Our Clients Say About Us

While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California wrongful death lawyers are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:

“Great job. Got good compensation and service. I always refer to friends and family.” – Alex Adams.

Frequently Asked Questions About Personal Injury Claims 

Need to learn more about accident claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.

References

ARTICLE 6. Wrongful Death [377.60 – 377.62]. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=377.60

Deadlines to sue someone | California Courts | Self Help Guide. (n.d.). California Courts Self-Help. Retrieved September 22, 2025, from https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations

wrongful death | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved September 11, 2025, from https://www.law.cornell.edu/wex/wrongful_death