When someone dies due to another person’s negligence or intentional conduct, the surviving family members may have the right to file a wrongful death lawsuit in California. A wrongful death claim allows families to seek compensation for losses resulting from their loved one’s death, including lost financial support, lost companionship, and funeral expenses. Understanding how wrongful death claims work helps families make informed decisions during an incredibly difficult time. Dordick Law Corporation helps families throughout California with wrongful death claims. The firm works on a contingency fee basis, meaning clients do not pay attorney’s fees unless there is a recovery. Contact the firm to request a free consultation to discuss your situation.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed on behalf of a deceased person’s eligible family members or heirs. The claim seeks compensation for the losses the family suffered because of the death. In California, wrongful death can arise when someone dies as a result of another person’s negligence, intentional misconduct, or violation of law.
Wrongful death claims differ from criminal cases. A criminal prosecution focuses on punishing the person who allegedly caused the death. A wrongful death claim focuses on compensating the family for their financial and emotional losses. These are separate legal processes. A person can be acquitted in criminal court but still be found liable in a wrongful death civil case.
California law also recognizes survival actions, which are different from wrongful death claims. A survival action compensates the deceased person’s estate for economic losses the person incurred before death, such as medical expenses and lost wages. As of January 1, 2026, survival actions no longer include damages for pain, suffering, or disfigurement. A wrongful death claim compensates the surviving family members for losses they experienced after the death. Families can pursue both types of claims simultaneously in California.
Types of Incidents That Lead to Wrongful Death Claims
Wrongful death claims arise from many types of incidents. Car accidents caused by negligent or reckless drivers can lead to wrongful death claims. Medical malpractice—when healthcare providers fail to provide the applicable standard of care—can cause fatal injuries. Workplace accidents involving unsafe conditions or equipment failures may result in wrongful death claims. Defective products that cause fatal injuries can create product liability wrongful death claims. Criminal acts, including homicide, may lead to civil wrongful death claims that proceed separately from any criminal prosecution.
Who Can File a Wrongful Death Claim in California?
California law specifies who has the right to file a wrongful death claim. Not everyone who knew the deceased can file. The law establishes a hierarchy of eligible claimants.
A surviving spouse or registered domestic partner generally has the highest priority to file a wrongful death claim. If there is no spouse or domestic partner, the deceased’s children can file. This can include biological children, adopted children, and, in some circumstances, stepchildren. If there are no children, grandchildren may file a claim.
If the deceased had no spouse, children, or grandchildren, the parents can file a wrongful death claim. Certain dependent minors who lived with the deceased for at least six months before the death and were financially dependent for 50% or more of their support can also file claims.
The law also allows claims by certain heirs under California’s intestate succession laws—people who would inherit from the deceased’s estate if there were no will. In many cases, a personal representative of the deceased’s estate files the wrongful death claim on behalf of all eligible survivors. California Code of Civil Procedure § 377.60 governs these rules.
Elements You Must Prove in a Wrongful Death Case
To prevail in a wrongful death lawsuit, you generally must prove four essential elements.
- First, you must show that the defendant owed a duty of care to the deceased person. Drivers owe a duty to other road users; healthcare providers owe a duty to patients; property owners owe duties to certain visitors; manufacturers owe duties to consumers.
- Second, you must show that the defendant breached that duty. This means the defendant failed to act as a reasonably careful person would have acted under similar circumstances—for example, running a red light, misdiagnosing a serious condition below the standard of care, or releasing a defective product.
- Third, you must establish causation. The defendant’s breach must have been a substantial factor in causing the death. You must demonstrate a meaningful connection between the defendant’s conduct and the fatal injury.
- Fourth, you must prove damages—financial and non-financial losses suffered by the surviving family, such as lost income, funeral expenses, and loss of companionship and support.
The burden of proof in a wrongful death case is “preponderance of the evidence,” meaning it is more likely than not that the defendant’s conduct caused the death. This is a lower standard than “beyond a reasonable doubt” in criminal cases.
What Damages Can You Recover in a Wrongful Death Claim?
California law allows families to seek several types of damages in wrongful death cases.
- Economic damages compensate for financial losses, including medical expenses incurred before death, funeral and burial costs, the value of financial support and earning capacity the deceased would have provided, the value of household services, and lost benefits such as health insurance and retirement contributions.
- Non-economic damages compensate for emotional and relational losses. These may include loss of companionship and society, loss of consortium for a spouse, emotional distress and grief, and loss of parental guidance and support for children.
- Punitive damages are available only in limited circumstances. They are intended to punish particularly egregious conduct and deter similar behavior. Punitive damages may be considered when the defendant acted with oppression, fraud, or malice, and they require a higher standard of proof than ordinary negligence.
In some categories of wrongful death cases—such as certain medical malpractice claims—California law imposes caps on non-economic damages that change over time under statutes like AB 35. Economic damages are not capped.
Statute of Limitations for Wrongful Death Claims
California law sets strict deadlines for filing wrongful death claims. You generally have two years from the date of death to file a wrongful death lawsuit under California Code of Civil Procedure § 335.1.
Medical malpractice wrongful death claims may follow different timelines. Under California Code of Civil Procedure § 340.5, some medical malpractice claims must be filed within one year of discovering the injury, or three years from the date of the alleged negligent act, whichever occurs first.
In limited situations, the discovery rule may extend the statute of limitations if the cause of death was not reasonably discoverable right away. Because these rules are complex and fact-specific, it is important to consult an attorney promptly so deadlines can be evaluated and your rights can be protected. Once the statute of limitations expires, you typically lose the right to bring a lawsuit.
Why Choose Dordick Law Corporation for Your Wrongful Death Claim
Dordick Law Corporation represents families throughout California in wrongful death cases. The firm’s attorneys are familiar with the legal and factual issues these cases present and the investigation required to evaluate liability and damages. They may work with medical experts, accident reconstruction specialists, economists, and other professionals as needed to help build and present claims.
The firm represents clients on a contingency fee basis, so clients do not pay upfront attorney’s fees. The firm receives attorney’s fees only if it obtains a recovery through settlement or trial. Case costs such as expert fees and investigation expenses are typically advanced by the firm and are not addressed from any recovery under the fee agreement.
Dordick Law Corporation offers a free consultation to discuss potential wrongful death claims. During this meeting, the attorneys listen to your story, review available information about the death, and provide an assessment of the case. The legal team approaches each matter with sensitivity and respect, handling the legal work so families can focus on healing.
Contact Dordick Law Corporation Today
Losing a loved one is devastating, and when that loss may have resulted from someone else’s negligence or wrongful conduct, families often face financial strain and difficult questions about accountability. You do not have to navigate these issues alone.
Dordick Law Corporation represents families throughout California in wrongful death matters and works to pursue appropriate compensation under California law. To learn more about your options, contact Dordick Law Corporation to schedule a free consultation. Call (310) 551-0949 or complete the firm’s online contact form. The firm works on a contingency fee basis, so you do not pay attorney’s fees unless there is a recovery.
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