First: Take Care of Yourself and Your Family
No legal advice comes before this: give yourself permission to grieve. Let trusted family or friends help manage responsibilities. You don’t have to handle everything alone.
5 Legal Steps to Protect Your Family’s Rights
- Request the Death Certificate. This is required to start a wrongful death claim.
- Preserve Evidence. Save crash reports, witness names, photos, and anything else that may help your case.
- Avoid Speaking to Insurance Companies Alone. Their job is to minimize payouts—not support grieving families.
- Consult a California Wrongful Death Lawyer. Time is critical. A lawyer can launch an investigation and protect your rights.
- Act Before Deadlines Expire. California law gives you two years to file a wrongful death claim, or six months if a government agency is involved (e.g., city bus, police vehicle).
Who Can File a Wrongful Death Claim?
According to California Code of Civil Procedure §377.60, these individuals can file a claim:
- Spouses or registered domestic partners
- Children of the deceased
- Parents (if no spouse or children exist)
- Financial dependents, in some cases
Real Client Story: Los Angeles Rollover Accident
One of our clients lost their son in a freeway rollover involving a defective tire. The insurance offered $75,000. Our investigation revealed maintenance neglect and a faulty recall. We secured $2.4 million for the grieving family—a result that honored the son’s life and eased the financial burden.
Frequently Asked Questions
What damages can we recover?
Wrongful death claims may include loss of financial support, funeral costs, and compensation for loss of companionship and emotional suffering.
How is a wrongful death case different from a criminal case?
A wrongful death lawsuit is civil, not criminal. You can file even if no criminal charges are brought.
Can we file if our loved one was partially at fault?
Yes. California follows a comparative fault system. Your compensation may be reduced, but you can still recover damages.
Do I need to act fast if the accident involved a government vehicle?
Absolutely. You only have six months to file a claim against a government agency.
How do I get help?
Contact West Coast Trial Lawyers today. We offer a free, compassionate consultation and work on a no win, no fee basis.
