Answer a few questions to get personalized guidance for your California wrongful death claim
What caused your loved one's death?
Different causes involve different legal standards and potential defendants
Medical malpractice or hospital negligence
Car, truck, or motorcycle accident
Workplace accident or occupational illness
Defective product or dangerous premises
Criminal act by another person
What is your relationship to the deceased?
California law limits who can file wrongful death claims
Spouse or registered domestic partner
Child of the deceased
Parent of the deceased (if no spouse/children)
Sibling, grandchild, or other relative
Not sure if I have standing to file
Was your loved one financially supporting you or others?
Economic damages are a key component of wrongful death claims
Yes, primary or significant income provider for the family
Yes, contributed substantially to household finances
Partially - shared expenses or provided some support
No, but provided care, services, or non-financial support
How clear is the liability in this case?
Some cases have obvious fault, others are more complex
Very clear - the responsible party is obviously at fault
Somewhat clear but may be disputed
Complex - multiple parties may be involved
Uncertain - we don't know exactly what happened
Have insurance companies or the responsible party contacted you?
Early contact often means they want to settle quickly for less
Yes, they've offered a settlement or asked for statements
Yes, just initial contact but no offer yet
No contact yet
I've been avoiding contact until I understand my rights
Are there special circumstances in your case?
Certain factors add significant complexity
Government entity may be involved (city, county, state)
Death occurred more than a year ago
Multiple potential defendants or complex facts
Minor children lost a parent
No special circumstances
⚖️
You Should Definitely Hire a Wrongful Death Lawyer
Wrongful death cases are among the most complex personal injury claims. Professional representation is strongly recommended.
Why legal help is critical:
- These cases require extensive investigation and expert witnesses
- Wrongful death lawyers work on contingency - no upfront cost
- Multiple types of damages must be properly calculated
- Strict deadlines apply, especially for government claims
- Insurance companies will aggressively defend these claims
- Your family deserves full compensation for your loss
⚖️
Strong Recommendation: Consult a Wrongful Death Attorney
While your case may seem straightforward, wrongful death claims have significant complexity that benefits from professional guidance.
Why consultation is important:
- Contingency representation is standard for wrongful death cases
- Attorneys can identify all potential sources of recovery
- Proper damage calculation requires expertise
- Time limits are strict and missing them bars your claim
- No risk - consultations help you understand your options
⚖️
Still Recommended: At Least Consult an Attorney
Even in clearer cases, wrongful death claims involve complexities that make professional consultation advisable.
Why consultation is still valuable:
- Wrongful death lawyers work on contingency
- They work on contingency - you pay nothing unless you win
- Proper damage calculation often reveals additional compensation
- Insurance companies have lawyers; you should too
- A quick consultation can confirm whether you can proceed alone
Understanding Wrongful Death Claims in California
A wrongful death claim allows certain family members to seek compensation when a loved one dies due to someone else's negligence, recklessness, or intentional wrongdoing. Under California Code of Civil Procedure Section 377.60, these claims compensate survivors for their losses.
Important Note
Wrongful death cases are highly complex and emotionally difficult. While this guide provides general information, we strongly recommend consulting with a qualified wrongful death attorney. Most work on contingency, meaning you pay nothing unless they recover compensation for you.
Who Can File a Wrongful Death Lawsuit in California
Under CCP 377.60, the following people may file a wrongful death claim:
- Surviving spouse or registered domestic partner
- Children of the deceased
- Grandchildren (if the children predeceased the decedent)
- Anyone entitled to property under California intestate succession laws
- Putative spouse and children of putative spouse
- Stepchildren who were financially dependent
- Parents (if no spouse, domestic partner, or children survive)
Types of Damages Available
| Damage Type |
Description |
| Loss of Financial Support |
Future income the deceased would have provided |
| Loss of Benefits |
Pension, health insurance, inheritance lost |
| Loss of Companionship |
Love, comfort, care, assistance, protection, affection, society, moral support |
| Loss of Services |
Household services the deceased provided |
| Funeral Expenses |
Reasonable costs of burial and funeral |
Wrongful Death vs. Survival Action
| Aspect |
Wrongful Death Claim |
Survival Action |
| Who Files |
Surviving family members |
Estate/personal representative |
| Damages For |
Survivors' losses |
Decedent's losses before death |
| Includes |
Future lost support, companionship |
Medical bills, pain and suffering before death |
| Pain & Suffering |
Survivors' emotional distress |
Decedent's pain before death |
Common Causes of Wrongful Death
- Motor vehicle accidents: Car, truck, motorcycle, pedestrian, bicycle
- Medical malpractice: Surgical errors, misdiagnosis, medication errors
- Workplace accidents: Construction, industrial, occupational disease
- Defective products: Dangerous drugs, faulty equipment, unsafe products
- Premises liability: Unsafe property conditions, negligent security
- Criminal acts: Assault, homicide (civil claims separate from criminal)
- Nursing home abuse: Neglect, abuse, inadequate care
Critical Deadlines
| Claim Type |
Deadline |
Notes |
| Standard Wrongful Death |
2 years from death |
CCP 335.1 |
| Medical Malpractice |
1 year from discovery or 3 years from death |
Whichever is earlier (CCP 340.5) |
| Government Entity |
6 months for claim |
Must file administrative claim first |
| Survival Action |
Same as underlying claim |
Depends on cause of action |
Why You Need an Attorney
Wrongful death cases are among the most complex personal injury claims because they require:
- Expert witnesses: Economists, vocational experts, medical experts
- Thorough investigation: Accident reconstruction, document collection
- Complex damage calculations: Future earnings, present value, life expectancy
- Multiple defendant management: Insurance companies, corporations, government entities
- Emotional support: Handling legal matters while you grieve
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