Losing a family member to someone else’s negligence is a devastating experience, and no legal outcome undoes it. What a wrongful death claim can do is provide answers, accountability, and financial stability for the family left behind. This page explains how these cases work in California.
Discipline in the face of complexity
Wrongful death cases require careful causation analysis and, frequently, expert review. Before any action proceeds, the case review covers:
- Records and timelines — establishing what happened and whether negligence contributed to the loss.
- Responsible parties — individuals, businesses, or institutions whose conduct or failures played a role.
- Legal standards — what must be proven, by what evidence, and within what deadlines.
How we work with families
These matters are handled with care and directness. We explain the process in plain terms, set realistic expectations, and move at a pace the family can sustain. You will always know what is happening in your case and what comes next.
Where a death involves potential medical negligence, the claim overlaps with California’s medical malpractice rules — see our medical malpractice page for how those cases differ.
Frequently Asked Questions
Who can file a wrongful death claim in California?
California law (Code of Civil Procedure §377.60) generally allows the deceased person's surviving spouse or domestic partner, children, and — in some circumstances — other financially dependent family members to bring a wrongful death claim. Determining who has standing is one of the first steps in any case review.
What compensation does a wrongful death claim cover?
California wrongful death claims may include financial losses (such as lost financial support and funeral expenses) and the loss of the loved one's companionship, care, and guidance. A separate "survival action" may cover certain losses the deceased person experienced before death. What applies depends on the facts of each case.
How long do we have to file?
Generally two years from the date of death (Code of Civil Procedure §335.1), but important exceptions exist — including shorter deadlines for claims against government entities and special rules where medical negligence is involved. Deadlines should be reviewed as early as the family is able.
Do we have to decide anything right away?
No. A consultation is a conversation, not a commitment. Families often simply need to understand what happened, what the law provides, and what the realistic paths are — before making any decision.
