Losing a loved one is devastating under any circumstances. When that loss results from someone else’s negligence or wrongful conduct, the grief is compounded by a profound sense of injustice. California law recognizes this and gives surviving family members the right to pursue a wrongful death claim — not to undo the loss, but to hold the responsible party accountable and secure the financial support that was taken from them. Understanding how these claims work can help families make informed decisions during one of the most difficult periods of their lives.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by surviving family members against the party whose negligence, recklessness, or intentional conduct caused their loved one’s death. These claims are separate from any criminal proceedings and are governed by their own legal standards. Common circumstances that give rise to wrongful death claims include car, truck, and motorcycle accidents, pedestrian and bicycle crashes, slip and fall accidents on dangerous properties, workplace accidents, toxic chemical exposure, and medical malpractice.
Who Can File a Wrongful Death Claim in California?
California law specifies who has the legal standing to bring a wrongful death action. Those who may file include the surviving spouse or domestic partner, surviving children, and in some cases grandchildren if the deceased’s children have also passed. If none of the above exist, other individuals who were financially dependent on the deceased — such as a putative spouse or stepchildren — may also have standing.
It is important to understand that the right to file does not automatically extend to all family members. Speaking with an attorney early helps clarify who qualifies and ensures the claim is brought properly.
What Damages Can Be Recovered?
Wrongful death claims in California allow surviving family members to pursue compensation for a range of economic and non-economic losses, including:
- Financial support. The income and financial contributions the deceased would have provided over the course of their lifetime.
- Loss of household services. The practical contributions the deceased made to the household, from childcare to home maintenance.
- Funeral and burial expenses. Reasonable costs associated with laying a loved one to rest.
- Loss of companionship and support. The emotional, relational, and guidance losses suffered by a spouse, children, or other dependents.
California also allows a separate claim called a survival action, which is brought on behalf of the deceased’s estate and can recover damages the deceased personally suffered before death, including pain and suffering and medical expenses incurred prior to passing.
The Statute of Limitations
In most cases, California wrongful death claims must be filed within two years of the date of death. However, there are important exceptions. Claims against government entities — such as those involving public transit or municipal negligence — carry a much shorter deadline, sometimes as little as six months. Acting promptly protects your family’s legal rights and preserves critical evidence.
Why These Cases Require Experienced Representation
Wrongful death claims are among the most emotionally and legally complex cases in personal injury law. Defendants and their insurers often dispute liability aggressively, knowing the financial stakes are high. Building a case that fully accounts for a lifetime of lost income, support, and companionship requires working with economic experts, medical professionals, and skilled litigators who understand how to present these losses compellingly.
At Pilavjian Law, we handle wrongful death cases with the seriousness and care they demand. If your family has lost someone due to another party’s negligence, call (818) 380-3021 today for a free, confidential consultation. There is no fee unless we win.