Wrongful Deaths

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Key Points

  • Only certain people, usually close family, can file a California wrongful death claim. 
  • You generally have two years from the date of death to file. 
  • Recovery can include both economic losses (support, funeral costs) and non-economic losses (loss of companionship).


Wrongful deaths occur when the death of a loved one is caused by another’s negligence or wrongful act. Typically, plaintiffs must be immediate family members and adhere to specific time limitations. The lawsuit must demonstrate that the defendant’s actions led to the death and specify damages sought, such as funeral expenses, lost wages, and emotional suffering.

Lost a loved one to someone else’s negligence? Talk with Protection Law Group about your options. Your consultation is free and confidential.

Wrongful death claims are common in nursing home abuse and motor vehicle accidents. Nursing home abuse includes physical harm, emotional distress, and neglect. Signs of abuse may involve unexplained injuries, behavioral changes, or poor living conditions. To prove nursing home negligence in a wrongful death claim, plaintiffs must show negligence, including a duty of care, breach of that duty, causation, and resulting damages. 

Similarly, fatal car accidents are another common cause of wrongful death suits. Potential liable parties in these cases may include negligent drivers, employers of commercial drivers, alcohol providers, vehicle manufacturers, or government entities responsible for road maintenance. 

If a fatal accident or act of neglect took your family member, call (800) 754-3611 for a free, confidential consultation. No upfront fees. You pay only if we win.

Compensation in wrongful death cases can cover both economic and non-economic damages. Economic damages may include lost financial support, funeral expenses, and loss of household services. Non-economic damage often encompasses loss of companionship, emotional support, and guidance. 

If a loved one passed away because of someone’s negligence or misconduct, contact us immediately.

We protect your rights!

Frequently Asked Questions

Who can file a wrongful death claim in California?

Generally the surviving spouse or domestic partner, children, and certain other dependents or heirs. If there is no spouse or child, the right can pass to others in line under the law.

How long do I have to file a wrongful death lawsuit?

Usually two years from the date of death. If a government entity is involved, a formal claim is generally due within six months, so act quickly.

What can my family recover in a wrongful death case?

Economic damages like lost financial support, funeral and burial costs, and loss of household services, plus non-economic damages for lost companionship, support, and guidance.

What is the difference between a wrongful death and a survival claim?

A wrongful death claim compensates the family for their losses. A separate survival claim covers what your loved one experienced before death, such as their own losses or suffering, and the two are often brought together.

 

How much does a wrongful death lawyer cost?

Nothing upfront. We work on contingency, so you pay only if we win, and the consultation is free and confidential.

 

Sources

  1. California Courts Self-Help Guide, Personal Injury, https://selfhelp.courts.ca.gov/civil-lawsuit/personal-injury
  2. California Legislative Information, Code of Civil Procedure § 377.60 (who may sue), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60&lawCode=CCP
  3. California Legislative Information, Code of Civil Procedure § 335.1 (two-year deadline), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=335.1&lawCode=CCP
  4. California Legislative Information, Code of Civil Procedure § 377.30 (survival actions), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.30&lawCode=CCP


Disclaimer:
This is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

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