California Wrongful Death Lawyer

What Is a Wrongful Death Claim in California?

A wrongful death claim may arise when a person’s death was caused by the wrongful act or neglect of another person or entity. California law authorizes qualifying survivors or a personal representative acting on their behalf to pursue such a claim.

These cases can result from many types of accidents, including motor vehicle collisions, pedestrian accidents, dangerous property conditions, construction incidents, and other situations where negligence or wrongful conduct contributed to a death.

A wrongful death claim focuses on the losses suffered by eligible surviving family members because their loved one is no longer present. The particular parties, available claims, and potential recovery depend on the circumstances of the individual case.

Who Can File a California Wrongful Death Claim?

Not every relative automatically has the same ability to bring a California wrongful death claim.

California law identifies categories of people who may qualify, including a surviving spouse or domestic partner, children, and certain other individuals depending on the family’s circumstances and inheritance rights. A personal representative may also bring the claim on behalf of qualifying survivors.

Family structures can be complicated, particularly when there are children from different relationships, dependent family members, or questions involving who qualifies under California law.

For that reason, eligibility should be evaluated based on the specific family relationship rather than assumed from the person’s relationship to the deceased.

What Compensation May Be Available in a Wrongful Death Case?

No amount of compensation can replace a family member. A wrongful death claim instead provides a legal way to address certain financial and personal losses resulting from the death.

California court materials recognize potential wrongful death damages involving funeral expenses, future financial contributions, the value of certain personal services, and loss of society and companionship.

Depending on the circumstances, a case may therefore involve the loss of financial support the deceased person would likely have provided, funeral and burial expenses, household services, and the loss of companionship and other aspects of the family relationship.

The amount available in any particular case depends on the evidence and the family’s individual circumstances. There is no reliable average settlement that can predict what a California wrongful death case may be worth.

Establishing Responsibility After a Fatal Accident

A wrongful death case still requires an investigation into how the fatal incident occurred and who may have been responsible.

Depending on the accident, potentially responsible parties may include a negligent driver, vehicle owner, employer, trucking company, rideshare company, property owner, contractor, business, public entity, or another person or organization whose conduct contributed to the death.

Some fatal accidents involve more than one responsible party. California Courts notes that personal injury and wrongful death cases may require identifying the person who caused the harm, a vehicle or property owner, or an employer when the responsible person was working at the time.

Determining responsibility may require reviewing photographs, video, police or incident reports, witness statements, vehicle evidence, business records, and other information related to the event.

Wrongful Death Claims After Fatal Car Accidents

Fatal car accidents can happen because of speeding, distracted driving, unsafe turns, impaired driving, intersection collisions, hit-and-runs, or other dangerous driving behavior.

The investigation may involve the actions of multiple drivers, insurance coverage, vehicle ownership, employment relationships, surveillance footage, dash-camera video, witness statements, and collision evidence.

DAG Law Firm’s California car accident practice provides additional information about liability, insurance, serious motor vehicle collisions, and evidence that may be relevant after a crash.

When a car accident results in the loss of a family member, the focus of a wrongful death claim extends beyond the collision itself to the financial and personal impact the death has had on the surviving family.

Fatal Truck and Pedestrian Accidents

Commercial truck accidents can result in fatal injuries because of the size and weight of tractor-trailers and other large vehicles. These cases may also involve trucking companies, employers, commercial insurers, electronic records, driver information, and other evidence that may not exist in an ordinary passenger-vehicle collision.

Families can learn more through DAG Law Firm’s California truck accident practice.

Fatal pedestrian accidents present different issues because a person on foot has almost no physical protection when struck by a vehicle. Evidence may involve crosswalks, traffic signals, vehicle speed, surveillance footage, witness accounts, hit-and-run investigations, and driver conduct.

DAG Law Firm’s California pedestrian accident practice provides additional information about serious pedestrian collisions.

In both situations, identifying the responsible parties and preserving evidence can be important to understanding what happened.

Evidence That May Help a California Wrongful Death Claim

Evidence in a wrongful death case serves more than one purpose. It may help establish how the fatal accident happened, who was responsible, and how the death affected surviving family members.

Accident-related evidence can include photographs, video, police reports, incident reports, witness statements, vehicle information, electronic records, surveillance footage, business records, and other documentation depending on the type of incident.

Evidence concerning damages may include records of the deceased person’s income, employment, financial contributions, household responsibilities, and other information showing the role the person played within the family. Funeral and burial documentation may also be relevant because California court materials recognize funeral expenses and future contributions among potential wrongful death damages.

Some evidence can become more difficult to obtain as time passes, making early preservation particularly important in serious accident investigations.

How Long Does a California Wrongful Death Case Take?

There is no standard amount of time that every wrongful death case takes.

The timeline can depend on how complicated the accident investigation is, the number of responsible parties, available insurance, the severity of disputed liability issues, the amount of evidence involved, and whether the matter can be resolved without litigation.

A fatal truck accident involving several companies and commercial insurers, for example, may require a different investigation from a two-vehicle collision where responsibility is relatively straightforward.

Families should be cautious about assuming that a faster resolution is necessarily better. Understanding liability, insurance coverage, financial losses, and available evidence can be important before evaluating a potential resolution.

How Long Do You Have to File a Wrongful Death Claim in California?

California Courts currently lists wrongful death among claims that generally operate under a two-year filing period, while also emphasizing that statutes of limitations are fact-specific and can be difficult to calculate.

Significantly shorter procedures may apply when a government agency is involved. California Courts explains that qualifying injury-related claims against government entities generally require an administrative claim within six months, subject to exceptions. If the agency rejects the claim, an additional six-month lawsuit deadline generally applies from the mailed rejection.

Government involvement can arise in fatal accidents involving public vehicles, transit agencies, dangerous public property, government employees, or other public entities.

Because deadlines depend on the facts and parties involved, families should not assume that the general two-year framework applies to every wrongful death case.

California Wrongful Death Resources and How DAG Law Firm Can Help

Families considering a wrongful death claim often have questions about who may bring a claim, what losses may be considered, how responsibility is established, what evidence may help, how long a case may take, and what deadlines may apply.

DAG Law Firm, APC focuses its wrongful death representation on fatal personal injury accidents, including car accidents, truck accidents, pedestrian collisions, motorcycle accidents, bicycle accidents, Uber and Lyft accidents, bus accidents, construction accidents, and dangerous property accidents.

DAG Law Firm can review how the fatal accident occurred, investigate potentially responsible parties, evaluate available insurance and evidence, and consider the financial and personal losses suffered by qualifying family members.

We understand that families pursuing a wrongful death matter are dealing with much more than a legal claim. Our goal is to handle the legal and investigative issues while treating the family and the circumstances surrounding their loss with care and respect.

You do not pay attorney fees unless we win your case. There are no upfront attorney fees for qualifying wrongful death matters handled on a contingency fee basis.

Call (323) 930-2020 or contact DAG Law Firm today to discuss your family’s situation.