The short answer
In California, surviving family members can file a wrongful death claim within two years of a loved one's death (CCP § 335.1). Compensation can include lost financial support, funeral expenses, and loss of companionship. Consult a lawyer immediately to protect your rights.
Losing someone you love because of another person's carelessness is a grief no family should have to face. In the days and weeks that follow, you may be planning a funeral, caring for children, and trying to understand what happened, all while insurance adjusters begin calling. California law gives certain surviving family members the right to seek accountability and compensation through a wrongful death claim, and, separately, allows the estate to pursue certain claims the person who died could have brought.
Our founding attorney has fought insurers for injured Californians since 2002. We understand how a wrongful death claim is evaluated from the inside: how adjusters measure lost financial support, how they try to minimize the value of a retired parent or a young child, and how they look for ways to shift blame onto the person who died. We use that knowledge to protect your family from those tactics.
Every wrongful death case is different. Some arise from crashes on Los Angeles streets and freeways, others from unsafe property conditions, workplace incidents, defective products, or neglect in a care facility. We investigate what happened, identify every responsible party and insurance policy, and document the financial and personal losses your family has suffered, including the love, guidance, and companionship that cannot be measured by a paycheck.
We approach these cases with patience and care, and we handle the legal work so you can focus on your family. You can speak with us when you are ready, whether at our Wilshire Boulevard office, by phone or video, or at your home, and there is no obligation to move forward. Consultations are free, and you pay no attorney's fee unless we recover compensation for you.
From the other side of the table
How the insurer's adjuster sees your claim
Economic loss is calculated narrowly
Insurers often start with the person's recent income and subtract personal consumption, arriving at a small figure for lost support. That approach can ignore raises, career growth, benefits, and the value of household services. We work with economists to present a fuller picture of what your family lost.
Non-earners are undervalued
When the person who died was a retiree, a stay-at-home parent, or a child, adjusters may treat the claim as low-value because there was no paycheck. California law allows recovery for the loss of love, companionship, comfort, care, and guidance, and we work to bring that loss to life through the people who knew them.
Blame is shifted to the deceased
Because the person who died cannot tell their side, insurers sometimes argue they were speeding, distracted, or careless. Early investigation, scene evidence, video, and accident reconstruction can be essential to counter those claims.
Family dynamics are watched closely
Insurers look for disputes among heirs or questions about who has the right to sue, because those issues can delay or weaken a claim. We help families understand who may bring the case and work to keep everyone aligned.
Why it happens
Common causes
Traffic collisions
Car, truck, motorcycle, and rideshare crashes, including those caused by speeding, impaired driving, or distraction, are among the most common causes of wrongful death claims in Los Angeles.
Pedestrian and cyclist deaths
People walking or biking are especially vulnerable to fatal injuries from drivers who fail to yield, run red lights, or drive recklessly.
Unsafe property conditions
Falls, drownings, fires, and violent attacks caused by dangerous conditions or inadequate security may give rise to claims against property owners and managers.
Nursing home neglect
Untreated infections, bedsores, falls, malnutrition, and dehydration in care facilities can lead to preventable deaths of vulnerable residents.
Workplace and construction incidents
While workers' compensation usually covers employers, third parties such as contractors, property owners, and equipment manufacturers may be responsible for a fatal incident.
Defective products
Faulty vehicles, tires, airbags, and other dangerous products can cause fatal injuries and may support claims against the companies that designed, made, or sold them.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Lost financial support
The income and financial contributions your loved one would reasonably have provided to the family over their lifetime, including benefits and other support.
Loss of household services
The value of the help your loved one provided at home, such as childcare, cooking, transportation, home maintenance, and caring for other family members.
Loss of love, companionship, and guidance
Compensation for the loss of the person's love, companionship, comfort, care, assistance, protection, affection, society, and moral support. California does not permit recovery for grief itself, but these losses are recognized.
Funeral and burial expenses
The reasonable costs of the funeral, burial or cremation, and related expenses the family paid.
Survival action damages for the estate
Through a separate survival action, the estate may recover losses the person suffered before death, such as medical bills and lost wages, and in some cases punitive damages. Whether pre-death pain and suffering may be recovered depends on the circumstances and the law in effect when the case is filed.
The rules that apply
California law you should know
Who may bring a wrongful death claim
The claim may be brought by the decedent's spouse or domestic partner, children, and the children of any deceased child. If there are none, others entitled to the property by intestate succession may sue. Certain dependents, such as stepchildren and parents who relied on the decedent, may also qualify.
Cal. Code Civ. Proc. § 377.60
Survival actions by the estate
A claim the decedent could have brought does not end with their death. The personal representative or successor in interest may pursue it on behalf of the estate, and damages are generally limited to losses the decedent sustained before death.
Cal. Code Civ. Proc. §§ 377.30–377.34
Two-year filing deadline
Wrongful death lawsuits generally must be filed within two years of the date of death.
Cal. Code Civ. Proc. § 335.1
Six-month deadline for public entities
If a government agency or employee may be responsible, a written claim generally must be presented within six months of the death before a lawsuit can be filed.
Cal. Gov. Code § 911.2
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 death certificate and any coroner or autopsy report
- Police, CHP, or incident reports and the investigating officer's name
- Photos, video, and names of any witnesses
- Medical records from the final injury or illness
- Your loved one's pay stubs, tax returns, and benefits information
- Funeral, burial, and related receipts
- Family photos, cards, and messages that show your relationship
- Letters or voicemails from insurance companies
Mistakes insurers count on
- Speaking with the at-fault party's insurer about the death or signing any release
- Waiting to act while evidence like surveillance video is overwritten
- Assuming only one family member can pursue the claim without confirming who has standing
- Posting about the incident or the case on social media
- Missing the six-month deadline when a government entity may be involved
Step by step
How we handle your case
- 1
A compassionate first conversation
We listen, answer your questions about the process, and explain who may bring a claim, at a pace that respects what your family is going through.
- 2
Protect the family from the insurer
We take over communications with insurance companies so no one in your family is pressured into statements or early settlements.
- 3
Investigate what happened
We gather reports, preserve video and physical evidence, obtain the coroner's findings and medical records, and consult with reconstruction and other professionals when needed.
- 4
Document your family's losses
We work with economists and gather the stories of the people who knew your loved one to show both the financial and personal impact of the loss.
- 5
Pursue accountability
We present the claim to every responsible party and insurer. If a fair resolution is not offered, we are prepared to file suit and pursue the case in court.
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 section 377.60, the claim generally belongs to the spouse or registered domestic partner, children, and children of a deceased child. If none of them survive, others who would inherit under intestate succession may sue. Certain dependents, including some stepchildren, parents, and minors who lived with the decedent, may also qualify. We can review your family's situation and explain who has standing.
Catastrophic Injury & Death