Los Angeles Wrongful Death Attorneys
Providing Families Compassionate Legal Support
What Is a Wrongful Death Claim in California?
A wrongful death claim arises when a person’s life is cut short due to someone else’s negligence, recklessness, or intentional act. In California, surviving family members may file a civil lawsuit to recover compensation for their losses.
This legal action is separate from any criminal charges and focuses on the financial and emotional damages suffered by the family.
Who Can File a Wrongful Death Claim in California?
Immediate Family Members
Spouses, domestic partners, and children are usually the first eligible to file. If there are no direct descendants, other close family may qualify.
Parents or Next of Kin
If the deceased had no spouse or children, California law allows parents or next of kin to bring a wrongful death claim.
Estate Representatives
In some cases, a representative of the deceased’s estate may pursue a survival action to recover damages related to the victim’s suffering before death.
Damages in Wrongful Death Cases
Compensation may include funeral and burial expenses,
loss of financial support, and the loss of companionship or guidance. In some cases, punitive damages may also be available when extreme misconduct is proven.
How long do I have to file a wrongful death lawsuit in California?
In most cases, the statute of limitations is two years from the date of death. If the claim involves a government entity, the deadline can be as short as six months.
How is a settlement divided among family members?
California law allows surviving family members to agree on distribution. If they cannot agree, the court will decide based on fairness and dependency.
Do we have to go to court?
Many wrongful death cases settle through negotiation. However, if the insurance company fails to offer a fair amount, our attorneys are ready to take the case to trial.