TL;DR: If youโve lost a loved one due to someone elseโs negligence or wrongdoing, California law allows certain family members to file a wrongful death lawsuit. These cases seek compensation for both financial and emotional losses. You typically have two years from the date of death to file. Speaking with a wrongful death attorney can protect your rights and guide you through this emotionally difficult legal process.
Who Can File a Wrongful Death Lawsuit?
Under California Code of Civil Procedure 377.60, only certain individuals can bring a wrongful death claim. This typically includes:
- Spouses or registered domestic partners
- Children of the deceased
- Stepchildren or putative spouses who were financially dependent
- Parents, if they were financially dependent or if the deceased had no children
In rare cases, others who were financially dependent may also qualify.
What Damages Can Be Recovered?
Wrongful death damages aim to compensate survivors for both financial and emotional loss. You may be entitled to:
- Loss of future income and financial support
- Funeral and burial expenses
- Loss of companionship and affection
- Grief and emotional distress (in some circumstances)
These are civil casesโnot criminal trialsโand are focused on making survivors financially whole, not punishing the wrongdoer.
When Must a Wrongful Death Claim Be Filed?
In most cases, you have two years from the date of death to file a wrongful death claim in California. If the case involves a government entity (like a fatal crash with a city bus), a claim must be filed within 6 months of the incident. Failing to act on time may permanently bar your ability to recover damages.
Client Story: A Life Cut Short, Justice Delivered
In 2023, we represented a San Diego family whose father was struck and killed by a distracted Amazon delivery driver. Initially offered $50,000, our legal team uncovered traffic camera footage and delivery route logs that proved gross negligence. We secured a $2.1 million settlement, ensuring the family could grieve without financial uncertainty.
5 Steps to Take After a Wrongful Death
- Request a copy of the death certificate and police report
- Collect any available evidence (photos, witness contacts, medical records)
- Avoid discussing the case with insurance companies
- Consult a California wrongful death attorney
- File within the statute of limitations
Feeling Overwhelmed by the Legal Process?
Youโre not alone. Wrongful death cases are emotionally draining and legally complex. Take a deep breath and know that you donโt have to navigate this alone.
Contact West Coast Trial Lawyers today for a free, compassionate consultation. No win, no fee.
