When a car accident takes a family member’s life, the aftermath is overwhelming. In these moments, a fatal car accident lawyer California families can trust becomes an important resource. Alongside the grief, families face immediate practical burdens: medical bills, funeral expenses, lost income, and pressure from insurance companies that move quickly to protect their own interests. California law provides families with the right to pursue accountability and compensation — but those rights come with deadlines and procedural requirements that must be understood and acted upon.
Wilshire Law Firm represents families throughout California who have lost someone in a fatal car accident. Our attorneys handle every aspect of the wrongful death claim so families can focus on what matters most.
How Fatal Car Accident Cases Differ From Standard Injury Claims
Fatal car accident cases are wrongful death claims — a distinct area of California law governed by California Code of Civil Procedure § 377.60. Unlike an injury claim where the victim pursues compensation directly, a wrongful death claim is brought by the surviving family members on their own behalf for the losses they have suffered as a result of the death.
Several additional factors make fatal accident cases more complex than standard injury claims:
Multiple insurance policies may apply. The at-fault driver’s liability coverage is typically the first source of recovery, but it may be inadequate. Underinsured motorist (UIM) coverage under the deceased’s own policy — or a household family member’s policy — may provide additional recovery. In multi-vehicle accidents, multiple liability policies may be involved.
Defendants may include more than the driver. Depending on the circumstances, responsible parties in a fatal car accident may include the vehicle’s owner (if different from the driver), a vehicle manufacturer if a defect contributed to the crash, a government agency if a road condition played a role, or a commercial employer if the driver was working at the time.
Insurance companies respond quickly. After a fatal accident, the at-fault party’s insurer often begins its investigation and claim-handling process immediately. Families who engage an attorney early are better positioned to preserve evidence and protect the full scope of the claim.
Evidence must be preserved promptly. Physical evidence — the vehicles involved, electronic data recorders (black boxes), dashcam footage, surveillance video, and road conditions — degrades or disappears quickly. Early legal involvement helps ensure critical evidence is identified and secured.
Who Can File a Wrongful Death Claim After a Fatal Car Accident?
Under California Code of Civil Procedure § 377.60, the following individuals may have standing to bring a wrongful death claim:
- The surviving spouse or registered domestic partner
- The deceased’s children
- Other individuals who were financially dependent on the deceased, including stepchildren, parents, and putative spouses
An attorney can assess who has standing based on the specific family circumstances.
→ See also: Los Angeles Wrongful Death Lawyer | Wrongful Death Lawyer California
Damages Families Can Recover
Surviving family members in a fatal car accident wrongful death claim can seek compensation for:
- Financial support the deceased would have provided over their lifetime — calculated based on age, income, and expected working years
- Household services the deceased would have contributed, including childcare, household maintenance, and similar contributions
- Loss of companionship, care, comfort, and guidance
- Funeral and burial expenses
- Medical expenses incurred between the accident and death (pursued through a survival action on behalf of the estate)
- Pre-death pain and suffering experienced by the deceased before death (also through the survival action)
California does not cap non-economic damages in wrongful death cases arising from negligence, which means recovery for loss of companionship and similar losses is not artificially limited.
California’s Minimum Liability Insurance — and Why It Often Falls Short
California law requires drivers to carry minimum liability insurance of $15,000 per person and $30,000 per accident. These minimums, established by California Vehicle Code § 16056, were last substantially updated decades ago and are frequently inadequate in fatal accident cases.
When the at-fault driver’s liability coverage is exhausted, families may be able to access additional coverage through:
- Underinsured motorist (UIM) coverage on the deceased’s own policy or a household family member’s policy
- Umbrella policies held by the at-fault driver or their employer
- Other responsible parties with their own coverage, such as vehicle manufacturers or commercial employers
An attorney experienced in fatal accident cases will identify all available insurance coverage from the outset of the case.
Dram Shop Liability in Fatal Alcohol-Related Crashes
When a fatal car accident was caused by a driver who was impaired by alcohol and the alcohol was served by a licensed establishment, California’s Dram Shop Act (Business and Professions Code § 25602.1) may provide an additional avenue of recovery against the establishment. Dram shop liability claims in California are limited to situations involving service of alcohol to an obviously intoxicated minor.
An attorney can evaluate whether dram shop liability applies in a specific case.
The Statute of Limitations for Fatal Car Accident Claims in California
A wrongful death lawsuit must generally be filed within two years from the date of death under California Code of Civil Procedure § 335.1. Important exceptions apply:
Government entity involvement: If the at-fault party is a government agency, city, county, or public employee acting within the scope of their employment, a Government Tort Claim must be filed within six months of the death, before any lawsuit can proceed. Missing this deadline bars the claim.
Uninsured/underinsured motorist claims: UM/UIM claims have their own timelines governed by policy terms and California insurance regulations.
Because the applicable deadlines can be shorter than families expect — particularly when a government entity is involved — consulting an attorney as soon as reasonably possible after a fatal accident is important.
Frequently Asked Questions
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is brought by the surviving family members for their own losses — financial support, companionship, and household services they will no longer receive. A survival action is brought by the estate for damages the deceased person suffered before death, including pre-death pain and suffering and medical expenses. Both can often be filed simultaneously arising from the same accident.
Can I still file a claim if my loved one was partly at fault for the accident?
Yes. California follows a pure comparative negligence rule. If your loved one was partially at fault, the damages are reduced by their percentage of fault — but the claim is not barred entirely. For example, if the deceased was found 20% at fault and the other driver 80% at fault, the family recovers 80% of the total damages.
What if the at-fault driver also died in the accident?
The claim can be brought against the at-fault driver’s estate or, in most cases, their liability insurer.
How long does a fatal car accident lawsuit take?
Timelines vary considerably. Cases that settle through negotiation typically resolve faster than those requiring litigation. The complexity of the accident, the number of parties involved, and the extent of documentation required all affect the timeline.
Does Wilshire Law Firm handle fatal accident cases outside Los Angeles?
Yes. Wilshire Law Firm represents families across California.
Does Wilshire Law Firm charge upfront fees?
No. Wilshire Law Firm handles fatal car accident cases on a contingency fee basis — no fees unless you get paid.
Contact Wilshire Law Firm
If your family has lost someone in a fatal car accident in California, contact Wilshire Law Firm for a free, confidential consultation. Our attorneys will explain what California law provides for your family and outline the steps available to you.
No fees unless you get paid. Available 24/7.
