Wrongful Death Lawyer in Beverly Hills, CA
A wrongful death claim allows certain surviving family members to seek compensation when a loved one’s death was caused by another party’s negligence or wrongdoing — a fatal car or truck accident, a fatal fall, a defective product, or another preventable incident. California Code of Civil Procedure § 377.60 defines who may bring a wrongful death claim, generally the decedent’s surviving spouse or domestic partner, children, and in some circumstances other dependents.
Key Points
- Eligible claimants under California’s wrongful death statute are specifically defined by law — generally a surviving spouse or domestic partner, children, and in certain circumstances other dependents
- Recoverable damages can include the financial support the decedent would have provided, loss of companionship and guidance, funeral and burial expenses, and in appropriate cases, punitive damages
- A separate "survival action" (recovering for the decedent’s own pain and suffering and losses between injury and death) can sometimes be pursued alongside a wrongful death claim, depending on the facts
- A wrongful death claim is a distinct civil matter, separate from and independent of any criminal charges that might arise from the same incident
Considerations
- Only certain family members have legal standing to bring a wrongful death claim — confirming who qualifies under California’s statute is an important early step
- Evidence preservation is especially time-sensitive in fatal accident cases, since there is no surviving victim to describe what happened
- Multiple potentially liable parties (a negligent driver, a trucking company, a property owner) may need to be identified depending on how the death occurred
California Law Note
California’s wrongful death statute (Code of Civil Procedure § 377.60) and survival action statute (§ 377.30) are distinct causes of action with different eligible claimants and recoverable damages — a wrongful death claim belongs to surviving family members for their own losses, while a survival action belongs to the decedent’s estate for the decedent’s own damages before death.
Related Questions
How long do I have to file a personal injury claim in California?
Most personal injury claims in California must be filed within two years of the date of the injury (Code of Civil Procedure § 335.1). Claims against a government entity have a much shorter deadline — generally six months to file an administrative claim before any lawsuit can proceed. Some claim types (such as certain product liability or medical malpractice matters) can have different rules. Because the right deadline depends on the specific facts, it’s worth confirming yours directly rather than assuming the general two-year rule applies.
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