Losing a loved one due to another’s negligence is an unimaginable hardship that many Californians face each year.
In 2019 alone, California experienced 3,316 fatal car accidents, resulting in 3,606 deaths, underscoring the prevalence of such tragedies in our state.
At State Law Firm, a boutique personal injury law firm based in Sherman Oaks, our dedicated team of young attorneys is committed to guiding families through these challenging times. We aim to provide compassionate support and expert legal representation to help you navigate the complexities of wrongful death claims.
Whether it’s understanding the legal process, determining who can file a claim, or comprehending the types of damages available, our goal is to be a reliable resource for you.
If you need experienced legal representation, our Los Angeles wrongful death lawyers are ready to help you seek justice for your loved one.
What Constitutes a Wrongful Death Claim in California?
A wrongful death claim arises when a person loses their life due to another party’s negligence, recklessness, or intentional misconduct. In California, wrongful death lawsuits allow surviving family members to seek compensation for the financial and emotional impact of their loved one’s passing.
Examples of Wrongful Death Cases
Wrongful death can occur in various situations, including:
- Car Accidents – Reckless or impaired driving, distracted driving, and speeding often lead to fatal crashes.
- Medical Malpractice – A doctor’s misdiagnosis, surgical error, or failure to provide proper care may result in a preventable death.
- Defective Products – Malfunctioning car parts, unsafe pharmaceuticals, or faulty consumer goods can cause fatal injuries.
- Workplace Accidents – Dangerous work conditions, inadequate training, and safety violations can lead to fatal incidents, especially in high-risk industries.
- Criminal Acts – Assaults, shootings, or other acts of violence can also serve as the basis for a wrongful death lawsuit.
For a claim to be successful, plaintiffs must prove that the responsible party’s negligence directly caused the victim’s death. This legal basis ensures that those accountable for preventable tragedies are held liable for their actions.
If you’re unsure whether your case qualifies, our Los Angeles wrongful death attorneys can provide a free case evaluation.
The Legal Process of Filing a Wrongful Death Claim in California
While every case is unique, wrongful death claims in California generally follow these steps:
1. Filing the Claim
A wrongful death lawsuit must be filed in civil court by an eligible family member (discussed below). The claim outlines how the defendant’s actions led to the victim’s death and the damages sought by the surviving relatives.
2. The Lawsuit Process
After filing, the case moves through various stages:
- Investigation & Evidence Gathering – Attorneys collect medical records, accident reports, and witness testimonies to build a strong case.
- Negotiations with Insurance Companies – Many wrongful death cases settle out of court, with attorneys advocating for maximum compensation.
- Trial (If Necessary) – If a fair settlement isn’t reached, the case proceeds to trial, where a judge or jury determines the final award.
3. Timeline for Wrongful Death Claims
California law imposes a two-year statute of limitations for wrongful death lawsuits. This means families must file their claim within two years from the date of death, or they risk losing their right to compensation.
Pro Tip:
Acting quickly ensures your attorney has ample time to collect evidence, interview witnesses, and strengthen your case. If you’re unsure whether you have a claim, our Los Angeles wrongful death lawyers are available to guide you through the process.
Who Can File a Wrongful Death Claim in California?
Under California Code of Civil Procedure Section 377.60, the following individuals are eligible to file a wrongful death claim:
- Spouse or domestic partner of the deceased
- Children of the deceased
- Parents or legal guardians (if no surviving spouse or children)
- Siblings or next of kin (in some cases, depending on intestate succession laws)
- Financial dependents, such as stepchildren or putative spouses
If multiple parties have a right to sue, they must file together in one lawsuit. This prevents separate, conflicting claims against the defendant.
Why This Matters
Not all wrongful death cases are straightforward. If you’re unsure about your eligibility, consulting an experienced wrongful death attorney can help you understand your rights and ensure your family’s claim is properly filed.
Types of Damages Available in Wrongful Death Claims
Compensation in a wrongful death case is designed to alleviate the financial and emotional burden of losing a loved one. In California, damages fall into two primary categories:
1. Economic Damages (Tangible losses)
- Medical bills related to the deceased’s final injury
- Funeral and burial expenses
- Loss of financial support the deceased would have provided
- Loss of household services (e.g., childcare, home maintenance)
2. Non-Economic Damages (Intangible losses)
- Loss of companionship for spouses or partners
- Loss of parental guidance for children
- Emotional suffering and grief
Pro Tip:
Insurance companies often downplay non-economic damages to reduce payouts. A skilled wrongful death attorney ensures your full losses are accounted for in settlement negotiations or at trial. To discuss your potential damages, contact our Los Angeles wrongful death attorneys for a free consultation.
The Role of Evidence in Supporting Your Wrongful Death Claim
A strong wrongful death claim relies on compelling evidence to prove liability and damages. The most critical forms of evidence include:
- Medical Records – Documenting the cause of death and any prior treatment.
- Police Reports – Providing an official account of accidents or criminal actions.
- Witness Testimonies – Strengthening the case with firsthand accounts.
- Financial Records – Demonstrating lost wages and future earnings potential.
The sooner you begin collecting evidence, the stronger your case becomes—which is why working with an experienced wrongful death attorney is crucial.
The Importance of Hiring an Experienced Attorney for Your Case
Wrongful death cases are complex and emotionally taxing. Having a dedicated attorney levels the playing field against insurance companies and defense lawyers who aim to minimize your compensation.
How an Attorney Helps:
✅ Handles all legal filings and deadlines so you don’t have to navigate the legal system alone
✅ Investigates and gathers key evidence to prove liability
✅ Negotiates aggressively to secure fair compensation
✅ Represents you in court if settlement negotiations fail
Choosing the right attorney makes all the difference. Our team at State Law Firm is committed to fighting for justice on your behalf—ensuring your case is handled with compassion and determination.
If you’re ready to discuss your legal options, speak with our Los Angeles wrongful death attorneys today.
Navigating the Complexities of Wrongful Death Claims and Seeking Justice for Your Loved Ones
Losing a loved one is devastating, and no amount of compensation can truly replace their presence. However, a wrongful death claim ensures that those responsible are held accountable, and your family receives the financial support needed to move forward.
At State Law Firm, we take pride in helping families find closure and justice during these difficult times. If you believe you have a wrongful death case, let’s discuss your options and fight for the compensation you deserve.
👉 Contact our experienced wrongful death attorneys today for a free consultation.
