Losing a family member because of someone else’s negligence or wrongdoing is among the most devastating experiences a person can face. California law provides a path for surviving family members to seek accountability and compensation through a wrongful death claim — not to replace what was lost, but to address the real and lasting financial consequences of that loss.
Wilshire Law Firm represents families in wrongful death cases throughout Los Angeles and California. Our attorneys approach these cases with both legal precision and genuine care for the people behind them.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought by the surviving family members of a person who died as a result of another party’s negligence, recklessness, or intentional misconduct. It is distinct from any criminal case that may arise from the same incident — the two proceedings operate independently, under different standards of proof.
California’s wrongful death statute is codified at California Code of Civil Procedure § 377.60. It allows specified individuals to bring a claim when a death is caused by the wrongful act or neglect of another person or entity.
Who Can File a Wrongful Death Lawsuit in California?
California law defines who has standing to bring a wrongful death claim. Under CCP § 377.60, eligible claimants include:
- The surviving spouse or domestic partner of the deceased
- The surviving children of the deceased
- The issue of deceased children (grandchildren, if the decedent’s children have also died)
- Any person who was financially dependent on the deceased and who is a putative spouse, children of a putative spouse, stepchildren, or parents
- Parents of the deceased, if there are no surviving children
In some circumstances, other heirs entitled to receive property from the decedent under California intestate succession laws may also have standing. An attorney can assess who has standing in your specific situation.
Wrongful Death vs. Survival Action: An Important Distinction
California law recognizes two related but distinct claims following a fatal accident. Understanding the difference matters because both can often be pursued simultaneously.
Wrongful death claim (CCP § 377.60): Brought by surviving family members for their own losses — the financial support, household services, companionship, and guidance they will no longer receive because of their loved one’s death.
Survival action (CCP § 377.30): Brought on behalf of the deceased person’s estate for damages the deceased themselves suffered before death — including pre-death pain and suffering, medical expenses incurred between the injury and death, and lost earnings up to the date of death.
Both claims can be filed arising from the same incident. The survival action belongs to the estate; the wrongful death claim belongs to the heirs. A qualified wrongful death attorney will evaluate both.
Common Causes of Wrongful Death in Los Angeles
Wilshire Law Firm handles wrongful death claims arising from a wide range of circumstances, including:
Fatal motor vehicle accidents — Car accidents, truck collisions, motorcycle crashes, and pedestrian fatalities on Los Angeles roads.
→ See also: Fatal Car Accident Lawyer | Fatal Truck Accident Lawyer | Fatal Pedestrian Accident Lawyer
Construction accidents — Falls, equipment failures, and site hazards that result in worker deaths or deaths of bystanders near active construction areas.
→ See also: Los Angeles Construction Accident Lawyer
Premises liability — Deaths caused by dangerous property conditions, negligent security, and other hazards on commercial or residential properties.
→ See also: Premises Liability Lawyer
Product liability — Defective vehicles, machinery, consumer products, or medical devices that cause fatal injuries.
→ See also: Product Liability Lawyer
Workplace accidents — Fatal injuries resulting from third-party negligence on job sites, separate from any workers’ compensation claim.
→ See also: Workplace Accident Lawyer
Damages Available in a California Wrongful Death Case
The damages available in a wrongful death claim compensate the surviving family members for the specific losses they have suffered as a result of their loved one’s death.
Recoverable damages include:
- Financial support the deceased would have provided over their lifetime
- Household services the deceased would have contributed — including childcare, cooking, maintenance, and other domestic services
- Loss of companionship, comfort, care, protection, and guidance
- Funeral and burial expenses
- Medical expenses incurred by the deceased between the injury and death (recovered through the survival action)
- Pre-death pain and suffering experienced by the deceased (recovered through the survival action)
Important limitation under California law: Wrongful death claimants in California cannot recover for their own grief, sorrow, or mental anguish — these are not compensable elements of a wrongful death claim under California law. Many families are surprised by this. It does not diminish the impact of the loss, but it shapes how the legal claim is structured and argued.
There is no cap on non-economic damages in California wrongful death cases that arise from negligence (as opposed to professional negligence governed by MICRA).
California’s Statute of Limitations for Wrongful Death Claims
In most cases, a wrongful death lawsuit must be filed within two years from the date of death under California Code of Civil Procedure § 335.1. Important exceptions include:
- Government entity claims — If the negligent party is a public agency (city, county, school district, or state entity), a Government Tort Claim must be filed within six months of the death before any lawsuit can proceed
- Delayed discovery — In limited circumstances involving fraudulent concealment or delayed identification of the cause of death, the timeline may be extended
Missing the statute of limitations can permanently bar the family’s right to pursue a claim. Early consultation with a wrongful death attorney is important.
How Comparative Negligence Applies in Wrongful Death Cases
California follows a pure comparative negligence rule, which means recovery is not barred even if the deceased person was partially at fault for the accident. Instead, damages are reduced by the percentage of fault attributed to the deceased.
For example, if a jury finds that the at-fault driver was 80% responsible and the deceased was 20% responsible, the family recovers 80% of the total damages. This rule ensures that wrongful death families are not entirely denied compensation because of partial fault on the part of their loved one.
Wrongful Death Cases Involving Government Entities
When a wrongful death arises from the negligence of a government agency — a public school, a city-owned vehicle, a county facility — the process is more complex. California’s Government Claims Act (Government Code § 810 et seq.) requires claimants to file a formal government tort claim before filing suit, typically within six months of the death. Failing to follow this process bars the lawsuit entirely.
Why Choose Wilshire Law Firm for a Los Angeles Wrongful Death Case
Wrongful death cases require attorneys who can handle both the legal complexity and the human dimensions of these claims — presenting the full economic impact of a life cut short while treating surviving family members with the dignity the situation demands.
Wilshire Law Firm is a nationally recognized personal injury firm, named among the nation’s “Best Law Firms” by U.S. News & World Report and Best Lawyers for multiple consecutive years. We handle wrongful death cases throughout Los Angeles County and the state of California.
We work on a contingency fee basis — no fees unless you get paid.
Frequently Asked Questions
Who can sue for wrongful death in California?
Surviving spouses, domestic partners, children, and financially dependent family members may have standing under California Code of Civil Procedure § 377.60. Parents may file if there are no surviving children. The specific facts of your family situation determine who has standing.
How much is a wrongful death settlement worth in California?
The value depends on the deceased person’s age, earning capacity, the financial and relational losses suffered by surviving family members, and the circumstances of the death. Cases vary widely. An attorney can evaluate the specific facts and help you understand the potential scope of a claim.
What is the difference between a wrongful death claim and a criminal case?
They are entirely separate proceedings. A wrongful death claim is civil, brought by the family to seek compensation. A criminal case is brought by the state to punish the responsible party. A criminal conviction is not required for a wrongful death case to succeed, and the civil burden of proof — preponderance of the evidence — is lower than the criminal standard of beyond a reasonable doubt.
Can I file a wrongful death claim if the at-fault person also died in the accident?
Yes. The claim can be brought against the at-fault person’s estate or, in many cases, their liability insurer.
What if the at-fault driver had no insurance?
Your own uninsured motorist coverage may provide a source of recovery. An attorney can review the available insurance coverage in your specific situation.
Does Wilshire Law Firm charge upfront fees for wrongful death cases?
No. Wilshire Law Firm works on a contingency fee basis — no fees unless you get paid.
Contact Wilshire Law Firm
If you have lost a loved one due to another party’s negligence in Los Angeles, contact Wilshire Law Firm for a free, confidential consultation. We will listen to your situation, explain what California law provides for your family, and outline the options available to you.
No fees unless you get paid. Available 24/7.
