Losing a family member because of someone else’s negligence is one of the hardest things a family can go through, and no legal outcome can undo that loss. California law does, however, give certain surviving family members the right to hold the responsible party accountable and to recover compensation for the financial and personal impact of that loss.
Who Can File a Wrongful Death Claim in California
Under Code of Civil Procedure § 377.60, a wrongful death claim can generally be brought by:
- The surviving spouse or domestic partner
- Surviving children (including adopted children)
- If there is no surviving spouse, partner, or children, the decedent’s parents or siblings may have standing under California’s intestate succession rules
- In some cases, other minors who lived with the decedent and depended on them for at least half of their financial support
What Compensation May Cover
California wrongful death damages are meant to compensate the surviving family for what they lost, including:
- Funeral and burial expenses
- Lost financial support the decedent would have provided
- The value of household services the decedent would have contributed
- Loss of the decedent’s care, comfort, companionship, and guidance
California law does not allow recovery for the surviving family’s own grief or emotional suffering directly — damages are focused on the tangible and relational losses caused by the death.
Common Causes of Wrongful Death Claims
- Fatal car, truck, or motorcycle accidents
- Medical malpractice
- Defective products
- Unsafe property conditions
- Workplace accidents involving a third party
Frequently Asked Questions
How long do we have to file a wrongful death claim in California? Generally two years from the date of death, though certain cases — such as medical malpractice or claims against a government entity — have different or shorter deadlines. It’s important to speak with an attorney as soon as possible. Can more than one family member file together? Yes. Multiple eligible family members can join together in a single wrongful death action, and California law generally requires that all who wish to participate be included. What if there was also a criminal case related to the death? A wrongful death claim is a separate civil action from any criminal case, and can proceed regardless of the outcome of criminal proceedings. What does it cost to hire a wrongful death attorney? We work on contingency: no fee unless we win. If you’ve lost a loved one due to someone else’s negligence in Los Angeles or anywhere in California, our firm is here to help you understand your options. Contact The Law Office of Joshua P. Koshki for a free, compassionate consultation. No fee unless we win.
Serving These California Communities
We help injury victims throughout the Los Angeles area and across California, including:
