Wrongful Death Attorney California: How to File a Claim and What You Can Recover
Losing a family member to someone else’s negligence is devastating. The grief is compounded by sudden financial pressure — lost income, medical bills, funeral costs — at the exact moment when no one has the capacity to deal with them. A California wrongful death attorney does not undo the loss, but a successful claim can protect your family’s financial future and hold the responsible party accountable.
This guide explains how California wrongful death law works, who qualifies to file, what damages are available, and how to choose the right attorney for your case.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought by surviving family members against the person or entity whose negligence, recklessness, or intentional misconduct caused their loved one’s death. Unlike a criminal prosecution — which the government brings and which results in fines or imprisonment — a wrongful death lawsuit is filed by the family and seeks monetary compensation.
California’s wrongful death statute is found at Code of Civil Procedure § 377.60. It defines who may file (legal standing), what damages are available, and how compensation is distributed among multiple surviving family members.
Wrongful death claims commonly arise from:
- Car and truck accidents — the leading cause of wrongful death claims in California
- Medical malpractice — surgical errors, missed diagnoses, medication mistakes
- Premises liability — construction site accidents, dangerous property conditions
- Product liability — defective vehicles, medical devices, machinery
- Workplace accidents — falls, equipment failures, toxic exposure
- Criminal violence — assault, homicide (a civil wrongful death claim is separate from the criminal case)
Who Can File a Wrongful Death Claim in California?
Not everyone who grieves a loss has legal standing to file a wrongful death claim. California CCP § 377.60 establishes a priority order:
Surviving Spouse or Domestic Partner
A surviving spouse or registered domestic partner has first priority and the broadest right to file. They may recover both economic losses (lost financial support) and non-economic losses (loss of companionship, emotional distress).
Surviving Children
The decedent’s children — including adopted children and, in some circumstances, stepchildren — may file a wrongful death claim. If the decedent had no surviving spouse, children take priority. If there is a surviving spouse, children typically share in the recovery.
Surviving Parents
Parents may file if the decedent had no surviving spouse or children. This commonly arises when a young adult with no spouse or children is killed.
Other Dependents
California also allows certain other individuals who were financially dependent on the decedent to file — including putative spouses, children of the putative spouse, stepchildren, and parents if they can demonstrate dependency. This is a more complex area of wrongful death standing and typically requires legal analysis of the specific relationship and dependency.
What Damages Can a California Wrongful Death Attorney Recover?
California wrongful death damages fall into two categories: economic and non-economic. Unlike many other states, California does not cap wrongful death damages (except in medical malpractice cases under MICRA, which is being phased out under AB 35).
Economic Damages
- Lost financial support — The income, benefits, and financial contributions the decedent would have provided over their expected working life. Calculated using economic expert testimony, the decedent’s age, occupation, earning history, and projected career trajectory.
- Lost household services — The value of cooking, childcare, home maintenance, and other services the decedent provided to the family.
- Funeral and burial expenses — Reasonable funeral, burial, or cremation costs.
- Medical expenses — Bills incurred for the decedent’s final medical treatment (these are typically pursued through a companion survival action rather than the wrongful death claim itself).
Non-Economic Damages
- Loss of love, companionship, comfort, and moral support — California wrongful death law explicitly allows survivors to recover for the loss of the decedent’s companionship, society, and affection.
- Loss of consortium — For surviving spouses and partners, the loss of the marital relationship, including sexual relations.
- Loss of guidance and training — For children who lose a parent, the loss of parental guidance, training, and education.
Punitive Damages
Standard wrongful death claims do not allow punitive damages under California law. However, if the case also involves a survival action (claims the decedent could have brought while alive), punitive damages may be available in the survival action component where the conduct was malicious, oppressive, or fraudulent.
California Wrongful Death vs. Survival Action
California law recognizes two distinct but often parallel claims when someone is killed by another’s negligence:
Wrongful Death Claim (CCP § 377.60) — Brought by surviving family members for their own losses: financial support, companionship, and grief. The family members are the plaintiffs.
Survival Action (CCP § 377.30) — Brought on behalf of the decedent’s estate for the losses the decedent personally experienced before death: pain and suffering between the injury and death, medical bills, and lost earnings. The estate is the plaintiff.
Many wrongful death cases involve both claims simultaneously. A California wrongful death attorney will analyze both and file the appropriate combination to maximize the total recovery for the family.
How Long Do You Have to File? California’s Statute of Limitations
California wrongful death claims must be filed within two years of the date of death (Code of Civil Procedure § 335.1). This deadline is firm — missing it almost always permanently bars the claim, regardless of the merits.
Important exceptions and complications:
- Claims against government entities — If the death was caused by a city, county, or state employee or agency (for example, a car accident involving a government vehicle, or a dangerous road condition), a government tort claim must be filed within six months of the date of death before a lawsuit can be filed.
- Medical malpractice wrongful death — Different limitations rules apply under the Medical Injury Compensation Reform Act (MICRA), which sets a three-year deadline or one year from discovery, whichever is earlier.
- Minor beneficiaries — The statute of limitations may be tolled (paused) for minor children until they reach age 18 in some circumstances, though this is not a reason to delay filing the family’s claim.
Given these deadlines and their complexity, families should consult a California wrongful death attorney as early as possible after a death.
How the Wrongful Death Claims Process Works
Step 1: Free Consultation and Case Evaluation
A qualified wrongful death attorney will review the circumstances of the death, identify all potentially liable parties, assess the strength of the evidence, and advise the family on whether and how to proceed. Krash Lawyers offers free, confidential consultations for all wrongful death cases.
Step 2: Investigation and Evidence Preservation
Early evidence gathering is critical. Accident reconstruction experts, medical records, employment and financial records, witness statements, and surveillance footage must be secured before evidence deteriorates or is destroyed. Attorneys often send spoliation letters to defendants early in the process, legally requiring them to preserve evidence.
Step 3: Identifying All Liable Parties
Wrongful death cases often have multiple defendants. In a truck accident death, for example, the driver, the trucking company, the cargo loader, and the maintenance company may all be liable. In a premises liability death, the property owner, the property manager, and the maintenance contractor may all share fault. Naming all liable parties maximizes the recovery and ensures the family is not undercompensated if one defendant has limited insurance coverage.
Step 4: Filing the Lawsuit
If pre-lawsuit negotiations with the insurance company do not produce a fair settlement, the attorney files the complaint in the appropriate California Superior Court. The defendant has 30 days to respond, after which the discovery process begins.
Step 5: Discovery, Depositions, and Expert Witnesses
The discovery phase involves exchanging documents, taking depositions of witnesses and the defendant, and working with expert witnesses — economic experts to calculate financial losses, medical experts to establish cause of death, and life care planners for survival action components. This phase typically takes 12–18 months in complex wrongful death cases.
Step 6: Settlement or Trial
Most California wrongful death cases settle before trial. However, Krash Lawyers prepares every case for trial from day one. Insurance companies pay more when they know the opposing attorney is genuinely ready to try the case. If the defendant refuses to offer fair value, we take the case to a jury.
How to Choose a California Wrongful Death Attorney
Not all personal injury attorneys have meaningful experience with wrongful death cases. Wrongful death claims involve specialized legal and financial analysis — particularly the calculation of lifetime lost support and the interaction between wrongful death and survival action claims. When evaluating a wrongful death attorney, consider:
- Wrongful death case experience — Ask specifically about their experience handling wrongful death cases (not just personal injury generally) and their results.
- Trial experience — Many firms settle every case because they are unwilling or unable to try cases. A firm with genuine trial experience commands larger settlements.
- Resources for complex cases — Wrongful death cases require expert witnesses, accident reconstruction, and economic analysis. The firm must have the financial resources to front these costs.
- Contingency fee structure — You should pay nothing upfront. The attorney’s fee should come only from the recovery, as a percentage of the settlement or verdict.
- Communication — Families dealing with grief need responsive, empathetic communication. You should be able to reach your attorney directly, not just a paralegal or case manager.
Why Families Choose Krash Lawyers for California Wrongful Death Cases
Krash Lawyers has recovered significant compensation for California families in wrongful death cases arising from car accidents, truck accidents, premises liability, and other tragedies. Our approach:
- No upfront costs — We advance all investigation, expert, and litigation expenses. You pay nothing unless we win.
- Direct attorney access — Families speak directly with the attorney handling their case, not a call center.
- Full investigation from day one — We act immediately to preserve evidence and identify all liable parties before evidence disappears.
- Trial-ready preparation — Every case is prepared as if it will go to trial. This approach consistently produces larger settlements.
- Bilingual services — We provide fully bilingual English/Spanish legal services throughout the case.
We serve families throughout California, including Los Angeles, Ventura County, Orange County, and the Central Valley. Learn more about our wrongful death practice or call us today for a free, confidential consultation.
Frequently Asked Questions About California Wrongful Death Claims
How much is a California wrongful death case worth?
There is no average or standard wrongful death settlement in California. The value depends on the decedent’s age, income, life expectancy, the number of surviving dependents, the strength of the evidence, and the defendant’s insurance limits. Cases range from low six figures to multi-million dollar verdicts and settlements. An attorney who has reviewed your specific facts can give you a realistic assessment.
Can I file a wrongful death claim if there was also a criminal case?
Yes. A wrongful death civil lawsuit is completely separate from any criminal prosecution. The criminal case is brought by the government; the civil case is brought by your family. You can — and typically should — pursue both simultaneously. The criminal conviction (if one occurs) can strengthen your civil case, but you do not need to wait for the criminal case to conclude before filing your wrongful death claim.
What if the person who caused the death had no insurance or no assets?
If the at-fault party was uninsured or underinsured, several avenues may still be available: your own UM/UIM (uninsured/underinsured motorist) coverage if the death was caused by a vehicle accident; third-party liability claims against an employer if the person was working at the time; product liability claims if a defective product contributed; or premises liability claims against a property owner. An experienced wrongful death attorney will identify every source of recovery.
How are wrongful death damages divided among multiple family members?
When multiple family members are eligible to share in a wrongful death recovery — for example, a spouse and several adult children — California law requires the damages to be apportioned fairly among them. If the claimants cannot agree on the division, a court will determine the allocation based on each person’s individual losses and relationship with the decedent. An attorney can help structure the claim to protect each family member’s share.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses — lost financial support, loss of companionship. A survival action compensates the decedent’s estate for losses the decedent personally experienced before death — pain and suffering, medical bills, and lost earnings between injury and death. Both claims are often filed together in the same lawsuit to maximize the total recovery for the family.
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