Wrongful Death Lawyer in California

Take care of each other first. You don't need to make legal decisions in the first days. When you're ready, a few practical steps help protect your family's options: gather documents, keep track of expenses, be careful with insurance companies and know the deadlines. Here is what helps.

1. 1

   Gather key documents when you can.

   Copies of the death certificate, the police or coroner's report, medical records and any insurance policies. If you don't have something, a lawyer can help request it.

2. 2

   Keep track of expenses.

   Save receipts for funeral and burial costs, medical bills and other costs connected to your loved one's death.

3. 3

   Hold on to evidence.

   Photos of the scene, the names of any witnesses, and any messages or records about what happened.

4. 4

   Don't sign anything from an insurance company yet.

   An early offer may come with a release that ends the family's claim for good. Talk to a lawyer before you sign anything or give a recorded statement.

5. 5

   Keep the deadlines in mind.

   A wrongful death lawsuit generally must be filed within two years, and a claim against a California public agency within six months.

   Sources: Code of Civil Procedure §335.1 (opens in a new tab); Government Code §911.2 (opens in a new tab)

We help families after fatal accidents caused by someone else's carelessness, including:

• Car crashes

  Including crashes caused by distracted, speeding or impaired drivers.

• Truck crashes

  Collisions with big rigs, delivery trucks and other commercial vehicles.

• Motorcycle crashes

  Riders and passengers killed by a careless driver.

• Pedestrian and bicycle deaths

  People on foot or on a bike struck by a vehicle.

• Falls on unsafe property

  Deaths caused by dangerous conditions a property owner should have fixed.

• Dangerous public roads and property

  Deaths involving government property, where a six-month claim deadline applies.

California law lists who can bring a wrongful death claim. First are the person's surviving spouse or registered domestic partner and children, along with the descendants of a child who has died. If the person left no children or other descendants, the people who would inherit under California's inheritance rules, including a surviving spouse or domestic partner, may bring the claim. Certain family members who depended on the person may also qualify, and the person's personal representative can bring the claim on the family's behalf (Code of Civil Procedure §377.60 (opens in a new tab)).

• Spouse, domestic partner and children

  The surviving spouse, registered domestic partner and children, and the descendants of a child who has died.

• If there are no surviving children or grandchildren

  The people, including a surviving spouse or domestic partner, who would inherit the person's property under California's inheritance rules if there was no will.

• Family members who depended on the person

  If they depended on the person who died: a putative spouse (someone who believed in good faith they were validly married to the person) and that spouse's children, stepchildren, or parents, or the person's legal guardians if the parents have died.

• A minor who lived in the home

  A minor who lived in the person's household for the 180 days before the death and depended on them for at least half of their support.

Separately, your loved one may have had a claim of their own for losses before death, such as medical bills. That survival claim passes to their successor in interest and is brought by the personal representative or, if there is none, the successor (Code of Civil Procedure §377.30 (opens in a new tab); §377.34 (opens in a new tab)).

A wrongful death claim covers specific losses the family suffered because of the death. California sorts them into economic losses, like the financial support your loved one would have provided, and non-economic losses, like the loss of their love and companionship. The law doesn't count grief, sorrow or mental anguish. What a claim is worth depends on its facts, and no lawyer can honestly promise a result. A claim may include:

A few California rules shape every wrongful death claim: the deadline to file, the shorter deadline for claims against a government agency, and how fault is shared. Each rule has exceptions, and the right answer depends on your family's facts, so treat this as a starting point, not legal advice.

Two years to file a lawsuit

A lawsuit for a death caused by someone else's wrongful act or neglect generally must be filed within two years (Code of Civil Procedure §335.1 (opens in a new tab)). Some exceptions can change this, so it's best not to wait.

Six months if a California public agency is involved

If a California city, county or state agency played a part, for example through a city bus or dangerous public property, a written claim generally must be filed with that agency within six months (Government Code §911.2 (opens in a new tab)). Missing this deadline can put the claim at risk. Claims against federal agencies follow different rules.

If your loved one was partly at fault

California uses comparative fault. If your loved one's own carelessness contributed to the death, the family's damages are reduced by that share, but the claim isn't automatically barred (CACI No. 407 (opens in a new tab)).