The short answer
If a loved one was killed in a car accident in California, eligible family members may bring a wrongful death claim, and the estate may bring a separate survival claim. The deadline is generally two years from the date of death (CCP § 335.1). Avoid recorded statements to any insurer, and act early so key evidence is preserved.
We are deeply sorry for your loss. A fatal car accident turns a family's world upside down in an instant, and the practical problems arrive just as fast: funeral costs, lost income, questions about what happened, and calls from insurance adjusters. Los Angeles has some of the busiest roads in the country, and fatal crashes happen on freeways, wide surface streets, and at intersections where drivers run lights, speed, or drive impaired. A death caused by someone else's carelessness is not only a tragedy. Under California law it can also be the basis for a legal claim.
California law can allow two different claims after a fatal crash. A wrongful death claim is brought by certain close family members for their own losses, such as lost financial support, companionship, and guidance. A survival claim is brought on behalf of the person who died, for losses they suffered before their death. Who may bring each claim, and what each can recover, depends on your family relationships and the facts of the crash. A criminal case against the driver, if there is one, runs separately and does not replace your civil claim.
Our founding attorney has fought insurers for injured Californians since 2002. Adjusters often contact a family within days, offer condolences, and ask for recorded statements or signed forms. Those conversations are not neutral. We take over those communications, send preservation demands right away, and look for every source of coverage, which is often more than the at-fault driver's personal policy.
Your consultation is free and confidential, and you pay no attorney's fee unless we recover compensation for you. There is no pressure to make any decision on a timetable that feels wrong for your family. We only ask that you call early enough for us to protect the evidence while you take care of what matters most.
From the other side of the table
How the insurer approaches a fatal-crash claim
The early, sympathetic call
Adjusters often reach out within days with condolences and a few friendly questions. A recorded statement or a signed authorization can be used to narrow the claim later. We ask families to refer every insurance call to us.
Blaming the person who can't respond
Because the person who died cannot tell their side, defense teams may suggest they were speeding, distracted, or not wearing a seat belt. We answer with vehicle data, video, physical evidence, and independent reconstruction.
Capping the case at the policy limits
Insurers often assume the claim is worth no more than the at-fault driver's policy. We look further: employers, vehicle owners, other drivers, and your own uninsured/underinsured motorist coverage.
Valuing a life with a formula
Formulas built around income can overlook what a person gave their family every day: care, guidance, household work, and companionship. We document the whole picture, including for parents who stayed home, retirees, and children.
Why it happens
Common causes
Drunk and drugged driving
Impaired drivers cause some of the most preventable fatal crashes. A criminal DUI case can support the civil claim, and punitive damages may be considered in appropriate cases.
Speeding and street racing
High speed can turn a survivable crash into a fatal one. Racing and street takeovers add extreme risk for everyone nearby.
Distracted driving
Phones, navigation screens, and other distractions take a driver's eyes off the road at the worst possible moment. Phone records can be critical evidence.
Running red lights and stop signs
Intersection crashes, especially side-impact collisions, are a leading cause of serious injury and death on city streets.
Hit-and-run and wrong-way drivers
Drivers who flee the scene or enter a freeway the wrong way cause devastating crashes. If the driver is never found, your own uninsured motorist coverage may still apply.
Commercial trucks and vehicles
The size and weight of trucks, buses, and delivery vehicles make crashes more deadly, and the companies and insurers behind them may share responsibility.
Dangerous roads and defective vehicles
Poor road design, missing signs or lighting, and vehicle defects such as tire or brake failures can contribute to a fatal crash and may involve other responsible parties.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Loss of financial support
The income, benefits, and financial contributions the person would have provided to their family over the course of their life.
Loss of companionship, love, comfort, and guidance
The loss of a spouse, parent, child, or partner cannot be measured in dollars, but California law recognizes these losses and allows eligible families to seek compensation for them.
Loss of household services and care
The value of the daily work a person did for their family, such as childcare, caregiving, home maintenance, and running the household.
Funeral and burial expenses
The reasonable costs of the funeral, burial or cremation, and related expenses.
Pre-death medical bills and lost earnings (survival claim)
If the person survived for a time after the crash, the estate may recover medical expenses and lost income. The rules on other survival damages have changed in recent years, so we explain what applies to your case.
Punitive damages in appropriate cases
In cases involving malice or conscious disregard for the safety of others, such as some drunk-driving crashes, punitive damages may be available through the survival claim.
The rules that apply
California law you should know
Who may bring a wrongful death claim
Eligible people generally include a surviving spouse or domestic partner and children. Others who would inherit, and certain financial dependents, may qualify in some circumstances.
Code of Civil Procedure § 377.60
Two years to file
A wrongful death lawsuit generally must be filed within two years of the date of death, although evidence can be lost much sooner.
Code of Civil Procedure § 335.1
The survival claim
A claim the person who died could have brought can continue on behalf of their estate, to recover the losses they suffered before death.
Code of Civil Procedure § 377.30
Government claims
If a public agency or a dangerous road condition was involved, a government claim may have to be presented within six months.
Government Code § 911.2
Pure comparative fault
If the defense argues the person who died shared some blame, compensation is reduced by their percentage of fault rather than barred.
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
The criminal case is separate
A criminal prosecution, such as for gross vehicular manslaughter while intoxicated, uses a different standard of proof and does not replace the family's civil claim.
Penal Code § 191.5
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- The police or CHP collision report number and the investigating agency
- Names and contact information for any witnesses
- Photos and video of the scene, the vehicles, and the roadway
- Dashcam, doorbell, business surveillance, and traffic camera footage
- The vehicles themselves and their event data recorders (black boxes), kept out of salvage
- 911 recordings and the medical examiner or coroner's report
- Insurance information for every vehicle involved, including your own policies
- Funeral bills, pay records, tax returns, and information about the person's role in the household
Mistakes insurers count on
- Giving a recorded statement or signing forms for any insurance company
- Accepting a quick settlement offer before the full loss is understood
- Letting the vehicles be repaired, sold, or sent to salvage
- Posting details about the crash or the person's habits on social media
- Assuming the criminal case will take care of the civil claim
- Waiting until the deadline, when video and data may already be gone
Step by step
How we handle your case
- 1
Listen first
We start with a conversation, not a form. We explain your options in plain language, and we handle calls from insurers so you don't have to.
- 2
Preserve the evidence
We send preservation demands for the vehicles and their data recorders, request video and 911 records, and work with investigators before evidence is lost.
- 3
Identify every source of coverage
We look at the at-fault driver, vehicle owners, employers, and your own policies, including uninsured/underinsured motorist coverage.
- 4
Determine who may bring the claims
We confirm which family members may file the wrongful death claim and who can act for the estate in a survival claim.
- 5
Document the full loss
We work with economists and other professionals where appropriate to measure lost support, household services, and the human loss your family has suffered.
- 6
Resolve or try the case
We negotiate from a position of strength and file suit when needed. If your family wants its day in court, we prepare the case to be tried.
From the Case Vault
Related results
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Straight answers
Frequently asked questions
Under Code of Civil Procedure § 377.60, eligible people generally include the surviving spouse or domestic partner and the children of the person who died. If there are none, others who would inherit under California law may qualify, and in some situations parents, stepchildren, or a putative spouse who were financially dependent on the person who died. We review your family situation and explain who may bring the claim.
Vehicle Accidents