$36.0M
Recovery for a pedestrian who suffered a traumatic brain injury after being struck by a vehicle.
Personal Injury
Fatal Car Accident Lawyer in California
Have you lost someone you love in a California car crash? At Wilshire Law Firm — an award-winning, nationally recognized team — our attorneys handle your wrongful death claim with compassion. Contact us 24/7 for a free case review with a legal professional — there are no fees unless you get paid.
- $3B+RECOVERED
- 7X"BEST LAW FIRM" AWARDS
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- 500+LEGAL PROFESSIONALS
Understanding Your Automobile Accident Case
Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.
Wilshire Law Firm is an award-winning, nationally recognized team that guides grieving California families through every step of a wrongful death claim. Our attorneys investigate the crash, deal with the insurance companies, and pursue the full value of your family's losses — so you can focus on what matters most. There are no fees unless you get paid.
A fatal car accident case is brought by a family and the estate, not by the injured person, and it can involve two separate claims. A wrongful death claim compensates surviving family members for their own losses, while a survival action lets the estate recover damages the person suffered before death. Because the value and the parties are different, these cases call for careful, compassionate handling. Learn more about our approach to wrongful death cases.
California families can generally recover both financial and personal losses. These commonly include the financial support the deceased would have provided, the value of lost household services, funeral and burial expenses, and the loss of the person's companionship, care, comfort, and guidance. Through a survival action, the estate may also recover the deceased's pre-death medical expenses and pain and suffering. A legal professional can review which damages may apply during a free case review.
California drivers are only required to carry minimum liability coverage of $15,000 per person and $30,000 per accident (California Vehicle Code § 16056), which rarely covers the true cost of a death. When the at-fault driver's policy is not enough, our attorneys look for additional sources of recovery, such as underinsured motorist coverage or other liable parties. Reviewing every available policy is part of how we build a fatal car accident case.
In limited circumstances, a business that serves alcohol can share responsibility for a fatal drunk driving crash. Under California Business and Professions Code § 25602.1, liability can generally apply where alcohol was served to an obviously intoxicated minor who then caused the crash. Because these claims are fact-specific, a legal professional can review whether a third party may be accountable in your loved one's case.
In most California fatal car accident cases, families have two years from the date of death to file a wrongful death lawsuit (California Code of Civil Procedure § 335.1). When a government entity is involved, a formal claim generally must be filed within six months, well before any lawsuit. Because missing a deadline can end a case, it is best to speak with a legal professional early.
Meet Our Automobile Accident Attorneys
Nationally-Recognized Powerhouse, Fighting for the Justice You Deserve
Our award-winning attorneys have recovered billions for clients while taking on insurance companies and major corporations.
Colin M. Jones, Esq.Senior Partner and Senior Trial Attorney, Chair of the Personal Injury Litigation Department
Jennifer P. Burkes, Esq.Senior Partner & Strategic Advisor, Personal Injury Litigation Department
Mary Lee Caruso, Esq.Senior Partner
Ryan Casey, Esq.Senior Partner and Trial Attorney
Tae-Yoon Kim, Esq.Senior Partner
Alivia E. Abreu, Esq.Partner
Shervin G. Ghanoongooi, Esq.Partner
Christopher Goodroe, Esq.Partner
Nathan A. GuestPartner and Trial Attorney
Brian M. Jacobson, Esq.Partner
Ariella Perry, Esq.Partner$28.5M
Recovery for victims of a rear-end collision involving a commercial truck.
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Recovery for a victim injured in a motorcycle accident.
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Recovery for victims injured in a collision involving a commercial truck.
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Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.
Who Can File a Wrongful Death Claim After a Fatal Car Accident in California?
Under California Code of Civil Procedure § 377.60, a wrongful death claim can generally be filed by the deceased person's surviving spouse or domestic partner, their children, and — if there are no surviving family members in that line — others who were financially dependent on the deceased. Because eligibility can be complex, contact Wilshire Law Firm's legal professionals for a free case review to confirm who may bring the claim in your family's situation.
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Record breaking results
Winners of #1 Settlements in California
Our attorneys have recovered billions of dollars, including some of the biggest settlements in California.
17#1 Settlements in California, 2022–2024*
TopVerdict #1TopVerdict.com #1 settlements
1–1 of 17
#1 Truck v. Pedestrian Accident Settlement
2024
#1 Multi-Vehicle Accident Settlement
2024
#1 Equipment Malfunction Settlement
2024
#1 Car v. Stationary Object Collision Settlement
2024
#1 Bus v. Passenger Accident Settlement
2024
#1 Whistleblower Retaliation Settlement
2023
#1 Underinsured Motorist Settlement
2023
#1 Slip & Fall Accident Settlement
2023
#1 Negligent Security Settlement
2023
#1 Ladder Accident Settlement
2023
#1 Hotel Premises Liability Settlement
2023
#1 Car v. Car Collision Settlement
2023
#1 Bicycle Accident Settlement
2023
#1 Pregnancy Discrimination Settlement
2022
#1 Age/Disability Discrimination Settlement
2022
#1 Wrongful Termination Settlement
2022
#1 Meal & Rest Breaks Settlement
2022
*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.
Automobile Accident FAQs
Our Most Frequently Asked Questions
We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.
California law limits wrongful death claims to specific relatives — generally the surviving spouse or domestic partner, children, and certain other heirs — under Cal. Code Civ. Proc. § 377.60. These family members may seek compensation for their own losses from the death. An attorney can confirm who is eligible to file.
A wrongful death claim is brought by surviving family members for their own losses, such as lost financial support and loss of companionship. A survival action, by contrast, is brought by the estate for the losses the deceased suffered before death, such as pre-death medical bills and pain. The two are often pursued together, and an attorney can explain how each applies.
Generally, yes. Under California's pure comparative negligence rule from Li v. Yellow Cab Co., a family can recover even when the deceased was partly at fault, with the award reduced by that percentage rather than barred. This is important when the other side disputes how the crash happened.
Sometimes. When the death resulted from especially reckless conduct — such as drunk driving — California Civil Code § 3294 may allow punitive damages on clear and convincing evidence of malice, oppression, or fraud, in addition to compensatory losses. An attorney can assess whether your case may support them.
Most wrongful death lawsuits must be filed within two years of the date of death under Cal. Code Civ. Proc. § 335.1. If a government entity contributed, a six-month government-claim deadline can apply first. Deadlines have exceptions, so confirm yours promptly with an attorney.