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Los Angeles Wrongful Death Lawyer
Did you lose a family member to someone else’s negligence? At Wilshire Law Firm — an award-winning, nationally recognized team — our attorneys help Los Angeles families pursue accountability and compensation. Contact us 24/7 for a free case review with a legal professional — there are no fees unless you get paid.
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Understanding Your Los Angeles Wrongful Death 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.
A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies as a result of another party's negligence, recklessness, or intentional misconduct. It is codified at California Code of Civil Procedure §377.60. Unlike a criminal case, it is designed to address the real and lasting financial and relational consequences of the loss rather than to punish. A legal professional can review your family's situation during a free case review.
Under California Code of Civil Procedure §377.60, the people who may generally file include the surviving spouse or domestic partner, surviving children, and the issue of deceased children (grandchildren). If there are no surviving children, the deceased's parents may file. Certain financially dependent people — such as putative spouses, stepchildren, and parents — may also qualify, along with other heirs under California's intestate succession laws. Because eligibility varies by family, a legal professional can confirm who has standing in your case.
A wrongful death claim and a survival action are two separate legal claims that often arise from the same death. A wrongful death claim (CCP §377.60) is brought by surviving family members for their own losses, such as financial support, household services, companionship, and guidance. A survival action (CCP §377.30) is brought on behalf of the deceased's estate for losses the deceased suffered before dying — including pre-death pain and suffering, medical expenses, and lost earnings. Many cases involve both, and a legal professional can explain how each may apply.
California families can generally recover both economic and non-economic damages in a wrongful death case. These commonly include the financial support the deceased would have provided, the value of household services (childcare, cooking, and maintenance), loss of companionship, comfort, care, protection, and guidance, funeral and burial expenses, and medical expenses incurred between the injury and death. California places no cap on non-economic damages in negligence cases. Note that surviving family members generally cannot recover for their own grief, sorrow, or mental anguish. A free case review can help you understand the losses your case may include.
In most California wrongful death cases you have two years from the date of death to file a lawsuit (California Code of Civil Procedure §335.1). When a government entity is involved, a formal government tort claim generally must be filed first — typically within six months of the death — before a lawsuit can proceed. Because missing a deadline can end your case, it is best to speak with a legal professional as early as possible.
Meet Our Los Angeles Wrongful Death 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$10.3M
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Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.
How Do I Know If My Family Has a Wrongful Death Claim in Los Angeles?
Your family may have a wrongful death claim if three things are present — a death, another party's fault, and your standing to sue. The death must have resulted from another party's negligence, recklessness, or intentional misconduct. Fault means that party's conduct legally caused the death. Standing means you are an eligible claimant under California Code of Civil Procedure §377.60, such as a surviving spouse, domestic partner, or child. California's two-year statute of limitations (CCP §335.1) generally applies, so contact Wilshire Law Firm for a free case review.
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#1 Whistleblower Retaliation Settlement
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*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.
Los Angeles Wrongful Death 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.
Eligibility is set by California Code of Civil Procedure § 377.60 — generally the surviving spouse or domestic partner, the children, and, if there are none, other heirs entitled to inherit, plus certain dependents. These rules apply statewide, so who may sue does not change simply because the death occurred in Los Angeles.
A wrongful death lawsuit arising in Los Angeles is generally filed in the Los Angeles County Superior Court, with many civil matters heard at the Stanley Mosk Courthouse. If a public entity is involved, a written government claim is generally required within six months first.
California families can generally recover economic damages — lost financial support, the value of household services, and funeral and burial expenses — and non-economic damages for the loss of the loved one's companionship, care, and guidance. The claim generally focuses on the survivors' financial and relational losses rather than on grief itself.
Yes. California's pure comparative negligence rule allows a family to recover even if the deceased was partly at fault; the award is reduced by the deceased's share of responsibility rather than eliminated. The same rule applies in fatal bicycle crashes — see our Los Angeles bicycle accident lawyers. Families coping with an injury at birth can also turn to our Los Angeles birth injury lawyers.