When a family member is killed because of another person’s or company’s negligence, surviving family members may be entitled to compensation for the financial and emotional losses caused by that death. Under California Code of Civil Procedure § 377.60, certain heirs have a legal right to bring a wrongful death lawsuit against the responsible party. The Law Offices of Mann & Elias represents grieving families in wrongful death cases throughout Los Angeles and Southern California. We handle these cases with the care and seriousness they deserve. Call (323) 857-9500 for a confidential, free consultation — available 24 hours a day.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought by the surviving heirs of a person who died as a result of the wrongful act, negligence, or recklessness of another party. Unlike a criminal prosecution, a wrongful death case is pursued in civil court and is entirely separate from any criminal proceedings that may arise from the same incident. The purpose is to compensate the surviving family for the financial and personal losses caused by the death.
Wrongful death cases commonly arise from:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle fatalities
- Slip and fall accidents
- Defective products
- Workplace and construction accidents
- Medical malpractice
- Dog attacks
- Criminal assault and battery
Who Can File a Wrongful Death Lawsuit in California?
California Code of Civil Procedure § 377.60 defines who has legal standing to bring a wrongful death action. Eligible parties include:
- The decedent’s surviving spouse or registered domestic partner
- The decedent’s surviving children; if a child predeceased the decedent, that child’s own children (grandchildren of the decedent) may step into their place
- If there is no surviving spouse, domestic partner, or children: any person who would be entitled to the decedent’s property under California’s intestacy laws, such as parents or siblings
- Certain financially dependent individuals, including stepchildren, a putative spouse, dependent parents, and minors who resided with the decedent for at least 180 days prior to death and who relied on the decedent for at least half of their financial support
If you are unsure whether you have standing to bring a wrongful death claim, contact us. The rules governing standing are technical, and an attorney’s guidance is essential.
Wrongful Death and Survival Actions — Two Distinct Claims
California law provides for two related but legally distinct causes of action that often arise from the same fatal incident:
Wrongful Death Action (CCP § 377.60)
This claim is brought by the decedent’s heirs to recover the losses those survivors personally suffer as a result of the death. Compensable losses include financial support the decedent would have provided, loss of companionship and household services, and funeral and burial expenses. The claim belongs to the heirs, not the estate.
Survival Action (CCP § 377.30)
This claim is brought by the personal representative of the decedent’s estate and covers damages the decedent personally suffered before dying — such as pre-death pain and suffering, medical expenses incurred before death, and lost wages the decedent would have earned from the injury to the time of death. Unlike a wrongful death claim, a survival action may include punitive damages under California Civil Code § 3294 when the defendant’s conduct was malicious, oppressive, or fraudulent.
Many wrongful death cases involve both claims filed together.
Damages Available in a California Wrongful Death Case
Under California Code of Civil Procedure § 377.61, a court may award damages in a wrongful death action that are “just” under all the circumstances. Recoverable damages include:
- Financial support the decedent would have provided to the surviving family members over their expected lifetime
- The value of household services the decedent performed
- Loss of companionship, comfort, care, assistance, protection, and affection (loss of consortium)
- Funeral and burial expenses
- Medical expenses incurred for the injury that caused the death (through the survival action)
- Pre-death pain and suffering (through the survival action)
- Lost earnings from the time of injury to death (through the survival action)
California does not cap non-economic damages (such as loss of companionship) in wrongful death cases arising from general negligence. This is important: while California’s Medical Injury Compensation Reform Act (MICRA) limits non-economic damages in medical malpractice cases, no such cap applies to wrongful death cases arising from car accidents, premises liability, or other forms of negligence.
Statute of Limitations for Wrongful Death Claims
Under California Code of Civil Procedure § 335.1, surviving heirs generally have two years from the date of the decedent’s death to file a wrongful death lawsuit. If the death was caused by medical malpractice, a different limitations period may apply. If a government entity is responsible, heirs must file a government tort claim within six months of the death under Government Code § 911.2.
These deadlines are strict. Do not wait to consult an attorney.
How Our Wrongful Death Attorneys Approach These Cases
We understand that no amount of money can replace a loved one. Our goal is to hold the responsible party fully accountable and to secure compensation that addresses the real financial impact the death has on your family’s future.
Our attorneys will:
- Investigate the cause of death and identify all responsible parties
- Retain expert witnesses, including accident reconstructionists, medical experts, and forensic economists
- Calculate the full economic value of the decedent’s lost future earnings and household contributions
- File both a wrongful death and survival action where appropriate
- Handle all insurance negotiations and, if necessary, take the case to trial
We do not accept lowball offers. We take these cases to verdict when necessary and have the trial experience to do so.
Frequently Asked Questions
Can I file a wrongful death claim if the responsible party was also criminally charged?
Yes. A wrongful death lawsuit is a civil claim, entirely separate from any criminal prosecution. The standard of proof is different — civil cases require a preponderance of the evidence (more likely than not), compared to the beyond-a-reasonable-doubt standard in criminal cases. A criminal conviction for the same conduct is powerful evidence in a civil wrongful death case, but a criminal acquittal does not bar the civil claim. Both proceedings can occur simultaneously.
What if my loved one was partly at fault for their own death?
California’s pure comparative fault rule applies to wrongful death claims. If the decedent shared some responsibility for the fatal incident, the heirs’ recovery is reduced by the decedent’s percentage of fault — but it is not eliminated. For example, if the court assigns the decedent 20% of the fault and the at-fault party 80%, the heirs recover 80% of the total damages award. Insurance companies routinely attempt to inflate the decedent’s share of fault to reduce the payout. Our attorneys fight to protect your family’s full recovery.
How long does a wrongful death lawsuit take in Los Angeles?
The timeline depends on the complexity of the case, the number of defendants, and whether the case settles or goes to trial. Cases that settle through negotiation or mediation often resolve within 12 to 24 months of filing. Cases that go to trial in Los Angeles Superior Court may take longer due to court scheduling and discovery. Our attorneys provide realistic timelines during the initial consultation and keep you informed throughout the process.
Contact Our Los Angeles Wrongful Death Attorneys
If your family has lost a loved one due to someone else’s negligence, contact the Law Offices of Mann & Elias. We will listen to what happened, explain your legal options, and begin a thorough investigation immediately. There is no fee unless we recover compensation for your family. Call (323) 857-9500, 24 hours a day, 7 days a week.
