Losing a loved one because of someone else’s negligence is one of the most difficult experiences a family can face. While no legal action can undo your loss, a wrongful death claim provides financial support and holds the responsible party accountable.
What Is a Wrongful Death Claim?
A wrongful death claim may arise when a person dies because of another party’s negligent, reckless, or intentional conduct. Common examples include fatal car accidents, dangerous property conditions, workplace accidents, medical malpractice, and other preventable incidents.
Such a claim, allows eligible family members to pursue compensation for losses resulting from their loved one’s death, and holds the responsible party accountable.
Who Can File a Wrongful Death Lawsuit in California?
Under California’s wrongful death statute, certain family members and dependents may have the right to file a wrongful death lawsuit. Depending on the circumstances, eligible parties may include:
- A surviving spouse
- A registered domestic partner
- Children
- Grandchildren, in certain circumstances
- Other family members or dependents who qualify under California law
What If Multiple Family Members Want to File a Claim?
Wrongful death claims often involve multiple family members. California law generally requires eligible family members to bring their claims together in a single lawsuit, commonly known as the one action rule. Although each family member may have experienced the loss differently, the court typically resolves all eligible claims in one case. Our wrongful death attorneys at TORKLAW can help determine who should be included and guide your family through the process.
What Types of Accidents Can Lead to a Wrongful Death Claim?
Wrongful death claims may arise from many types of preventable accidents, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Drowning accidents
- Premises liability accidents
- Medical malpractice
- Nursing home abuse or neglect
- Defective products
- Workplace accidents
Wrongful Death Statistics
Many wrongful death claims arise from preventable accidents and other incidents involving negligence. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries remain one of the leading causes of death in the United States, underscoring the devastating impact of preventable tragedies.
In 2024:
- Unintentional injuries were the third leading cause of death in the United States, resulting in 197,449 deaths.
- Motor vehicle traffic crashes claimed 41,241 lives, making them one of the leading causes of preventable fatal injuries.
- Falls resulted in 48,308 deaths, many of which occurred in circumstances involving dangerous property conditions, unsafe workplaces, or nursing home neglect.
- Unintentional poisonings caused 75,761 deaths, including many involving dangerous substances and defective products.
How Do You Prove a Wrongful Death Claim?
After losing a loved one, many families wonder what it takes to pursue a wrongful death claim. Every case is different. In general, a wrongful death claim requires showing that another person or entity’s negligence or wrongful conduct was a substantial factor in causing the death. Negligence generally means failing to exercise reasonable care under the circumstances. Depending on the facts of the case, establishing a wrongful death claim typically involves the following legal elements:
- Duty of Care: The responsible party owed your loved one a legal duty to exercise reasonable care under the circumstances.
- Breach of Duty: The responsible party failed to meet that duty through their actions or inaction.
- Causation: The breach of duty was a substantial factor in causing your loved one’s death.
- Damages: Eligible surviving family members suffered legally recognized losses as a result of the death.
What Compensation May Be Available?
Depending on the circumstances, eligible family members may be able to recover economic and non-economic damages, including:
Economic damages:
- Funeral and burial expenses
- Loss of financial support, including future income that the deceased may have provided
- Loss of household services, such as childcare, transportation, or home maintenance
Non-economic damages:
- Loss of love, companionship, comfort, and care
- Loss of guidance and support
- Other damages available under California law
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
Although they often arise from the same incident, a wrongful death claim and a survival action serve different purposes.
A wrongful death claim seeks compensation for the losses suffered by eligible surviving family members, such as the loss of financial support, companionship, guidance, and other damages available under California law.
A survival action is brought on behalf of the deceased person’s estate. It allows the estate to pursue certain claims the deceased may have had before death, including medical expenses, lost wages, property damage, and other damages permitted by California law.
Depending on the circumstances, both a wrongful death claim and a survival action may be available. Our wrongful death attorneys at TORKLAW can help determine which claims may apply to your family’s situation.
How Long Do You Have to File a Wrongful Death Lawsuit in California?
In most cases, California law gives families two years from the date of death to file a wrongful death lawsuit. However, if a government entity may be responsible, such as in a fatal accident involving a public bus, dangerous roadway, unsafe public property, or another government agency, much shorter deadlines may apply. In many cases, a government claim must be filed within six months. Because these deadlines are strict, it is important to speak with an attorney as soon as possible.
Our California Wrongful Death Attorneys Are Here to Help
Wrongful death claims can arise from fatal car accidents, dangerous property conditions, workplace incidents, medical malpractice, nursing home abuse, defective products, and other preventable tragedies.
Our wrongful death attorneys at TORKLAW represent families throughout California. We investigate the circumstances surrounding your loved one’s death, preserve critical evidence, communicate with insurance companies on your behalf, and fight to hold negligent parties accountable. From your first consultation through the resolution of your case, our team is here to provide compassionate guidance and experienced legal representation every step of the way.
There are no upfront legal fees, and you pay nothing unless we recover compensation on your behalf.
Frequently Asked Questions
How Long Do I Have to File a Wrongful Death Lawsuit in California?
Under California’s statute of limitations for wrongful death claims, eligible family members generally have two years from the date of death to file a wrongful death lawsuit. However, exceptions may apply. For example, if a government entity is involved, different notice requirements and shorter deadlines may apply. In many cases, a government claim must be filed within six months before a lawsuit may be filed. Because the applicable deadline depends on the circumstances of each case, it is important to speak with an attorney as soon as possible.
Who Can File a Wrongful Death Claim in California?
California law allows certain family members and dependents to file a wrongful death claim. Depending on the circumstances, eligible individuals may include a surviving spouse, registered domestic partner, children, qualifying grandchildren, and, in some cases, other heirs or financially dependent family members. If you are unsure whether you have the right to file, our wrongful death attorneys at TORKLAW can evaluate your family’s situation and explain your legal options.
Can Multiple Family Members File a Wrongful Death Claim?
Yes. California generally requires all eligible heirs to bring their claims together in a single wrongful death lawsuit. This is commonly known as the one action rule, which helps ensure all eligible claims arising from the same death are resolved in one legal action.
What If My Loved One Was Partially at Fault for the Accident?
Possibly. California follows a pure comparative negligence rule, which means eligible family members may still be able to pursue a wrongful death claim even if the deceased was partially responsible for the accident. If compensation is awarded, the amount may be reduced based on the percentage of fault assigned to the deceased. Whether comparative negligence applies depends on the specific facts and evidence in each case.
Can I File a Wrongful Death Claim Without Opening Probate?
Possibly. In many cases, eligible family members can file a wrongful death claim without opening probate because the claim belongs to the surviving heirs rather than the deceased person’s estate. However, if the case also includes a related survival action, a personal representative or successor in interest may be required. Whether probate is necessary depends on the circumstances of the case.
Can Parents File a Wrongful Death Claim After the Death of a Child?
Possibly. Whether parents have the legal right to file depends on the family’s circumstances and who is entitled to bring a claim under California law. If the child did not leave a surviving spouse or children, parents may have the right to pursue a wrongful death claim in certain situations. An attorney can help determine who is legally eligible to file.
How Long Does a Wrongful Death Lawsuit Take in California?
Every wrongful death case is different. The length of a case depends on factors such as the complexity of the legal and factual issues, the number of parties involved, insurance issues, whether liability is disputed, and whether the case settles or proceeds to trial. Some cases resolve more quickly than others.
What Compensation Can Be Recovered in a California Wrongful Death Claim?
Depending on the circumstances, eligible family members may be able to recover compensation for certain economic and non-economic losses permitted under California law. These may include funeral and burial expenses, the loss of financial support, the value of household services, and the loss of love, companionship, comfort, care, assistance, protection, affection, guidance, and moral support. The damages available vary based on the facts of each case.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
At TORKLAW, we offer free consultations and handle wrongful death cases on a contingency fee basis. This means you pay no upfront attorney’s fees, and you owe attorney’s fees only if we recover compensation on your behalf.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim seeks compensation for certain losses suffered by eligible surviving family members as a result of their loved one’s death. A survival action is a separate legal claim that allows the deceased person’s estate to pursue certain claims the deceased could have brought had they survived. Depending on the circumstances, both claims may be available.
What Types of Accidents Can Lead to a Wrongful Death Claim?
A wrongful death claim may arise when a person’s death is alleged to have been caused by another party’s wrongful act or negligence. Examples may include motor vehicle accidents, truck accidents, motorcycle accidents, pedestrian and bicycle accidents, workplace accidents, construction accidents, defective products, dangerous property conditions, medical malpractice, and nursing home negligence or abuse. Whether a wrongful death claim exists depends on the facts and applicable law.
Do I Have to Go to Court for a Wrongful Death Claim?
Not necessarily. Many wrongful death claims are resolved through settlement negotiations. However, if the parties are unable to reach an agreement, the case may proceed through litigation and, if necessary, to trial. The appropriate course of action depends on the circumstances of each case.
What Evidence Is Needed to Prove a Wrongful Death Claim?
The evidence needed varies depending on the circumstances of the case. Common examples include accident reports, medical records, witness statements, photographs or videos, expert opinions, employment and financial records, and other documentation related to liability and damages. An attorney can help identify and preserve evidence that may be relevant to your claim.
Can a Criminal Case and a Wrongful Death Lawsuit Happen at the Same Time?
Yes. A wrongful death lawsuit is a civil legal action that is separate from a criminal case. In some situations, a wrongful death claim may proceed regardless of whether criminal charges are filed or the outcome of any criminal proceedings. Because civil and criminal cases involve different legal standards, the outcome of one does not necessarily determine the outcome of the other.
What Should I Do If I Believe I Have a Wrongful Death Claim?
If you believe your loved one’s death may have been caused by another party’s negligence or wrongful conduct, it is generally advisable to speak with an attorney as soon as possible. An attorney can evaluate your circumstances, explain your legal rights, discuss applicable deadlines, and help you understand your available legal options.
