Los Angeles Wrongful Death Lawyer

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action brought by surviving family members (or the decedent's personal representative on their behalf) when a person's death was caused by another party's negligence, recklessness, or intentional wrongful act. These claims are separate from any criminal proceedings that may also arise from the same incident, and a wrongful death case can proceed regardless of whether criminal charges are filed. The purpose of a wrongful death claim is to compensate the surviving family for the losses they have suffered as a result of their loved one's death; it does not compensate the decedent directly.

Who May Generally Bring a Wrongful Death Claim in California

Under California Code of Civil Procedure section 377.60, the right to bring a wrongful death claim is generally limited to specific categories of people, including the decedent's surviving spouse, domestic partner, children, and grandchildren of any deceased children. If the decedent left no surviving children or grandchildren, the people who would inherit from the decedent under California's intestate succession laws may generally have standing to bring the claim.

The statute also allows certain other people who were financially dependent on the decedent (such as a putative spouse, stepchildren, or the decedent's parents or legal guardians in some circumstances) to bring a claim even if they do not fall into the categories above. A minor who lived in the decedent's household for the 180 days before the death and depended on the decedent for at least half of their support may also have standing under certain conditions. Because the rules governing who may bring a wrongful death claim are detailed and fact-specific, and because more than one family member's rights can be implicated in a single case, it is important to have these questions evaluated by an attorney early on.

The Related Survival Action

California law also recognizes a separate but related legal action known as a "survival action." Under Code of Civil Procedure sections 377.30 and 377.34, if the decedent could have brought a personal injury claim had they lived, that claim generally does not simply disappear: it may "survive" the decedent's death and be pursued by the decedent's personal representative or successor in interest. A survival action is generally aimed at recovering the losses the decedent personally sustained before death, such as medical expenses and lost income incurred prior to death. Damages for the decedent's own pain and suffering are generally not recoverable in a survival action, except in certain narrow circumstances defined by statute. A survival action and a wrongful death claim are legally distinct, and both may sometimes be pursued arising from the same death, and an experienced attorney can help determine which claims apply to a given case.

Common Causes of Wrongful Death

• Fatal car, motorcycle, or pedestrian accidents
• Truck and commercial vehicle collisions
• Rideshare (Uber/Lyft) accidents
• Slip, trip, and fall incidents on dangerous property
• Defective products or dangerous equipment
• Negligent security resulting in violent crime
• Medical negligence in some circumstances

Damages That May Generally Be Recoverable

In a wrongful death claim, surviving family members may generally seek compensation for losses such as funeral and burial expenses, the financial support the decedent would reasonably have been expected to provide, the loss of the decedent's household services, and the loss of the decedent's love, companionship, comfort, care, and guidance. What is recoverable, and in what amount, depends heavily on the specific facts of the case, including the decedent's age, income, health, and relationship with the claimants.

It is important to understand that the decedent's own pain and suffering before death is generally not an element of damages available to the heirs in a wrongful death claim itself, though it may be relevant to a related survival action in limited circumstances. Because the interplay between these types of damages is technical, we encourage families to discuss the specifics of their situation with an attorney rather than relying on general assumptions.

Deadlines for Filing a Wrongful Death Claim

California generally requires a wrongful death claim to be filed within two years of the date of death, under Code of Civil Procedure section 335.1. However, deadlines can vary based on the circumstances of the case, including who is responsible for the death.

If the death was caused by a government entity or government employee (for example, a city, county, state agency, or public transit operator), California's Government Claims Act generally requires that a formal claim be presented to the responsible public entity within six months of the incident, under Government Code section 911.2, before a lawsuit can be filed. Missing this shortened window can jeopardize a family's ability to pursue a claim entirely. Because these deadlines and their exceptions are strict and fact-dependent, families should consult an attorney as soon as possible after a loved one's death to understand which deadlines apply.

Preserving Evidence After a Fatal Incident

Evidence in wrongful death cases can disappear quickly: vehicles are repaired or scrapped, surveillance footage is overwritten, and witnesses' memories fade. If possible, it is helpful to preserve police and incident reports, photographs of the scene, medical and coroner records, contact information for witnesses, and any correspondence with insurance companies. An attorney can send preservation letters and open an investigation promptly to help protect evidence that may otherwise be lost.

How Yadegar Law Firm, PC Approaches Wrongful Death Cases

We understand that no legal outcome can undo the loss of a loved one. Our role is to handle the legal and investigative work with care and diligence so that families can focus on grieving and healing. We take time to listen to each family's circumstances, investigate the facts surrounding the death, identify all potentially responsible parties, and pursue accountability through negotiation or litigation as the case requires. We communicate honestly about what a case may involve and never make promises about outcomes.