We are deeply sorry for your loss. Right now, you may be planning a funeral, caring for family and wondering how to pay the bills. A lawsuit may be the last thing on your mind. But California law gives some family members the right to hold the responsible party accountable, and there are deadlines to protect that right.
Steven Ibarra has worked in personal injury since 2003. He works with families directly and with care. We handle the legal work so you can focus on each other.
What is a wrongful death claim?
A wrongful death claim is a case brought by certain family members when a person dies because of someone else's negligence (carelessness) or wrongful act. These cases often come from car and truck crashes, pedestrian accidents, unsafe property and other preventable events.
The claim belongs to the family. It seeks payment for what the family has lost because their loved one is gone.
Who may file a wrongful death claim?
California law lists who may bring a wrongful death case (Code of Civil Procedure § 377.60). In general, they include:
- A surviving spouse or domestic partner.
- The person's children, and the children of a child who has died.
- Others in some circumstances. If there is no spouse, partner or child, the people who would inherit under California law may be able to file. Some others, such as a putative spouse, stepchildren, parents or a minor who lived in the home, may file if they depended on the person who died.
California generally allows only one wrongful death lawsuit for each death. That means family members who have the right to sue usually need to be part of the same case. We can help you figure out who has a claim and how to bring the family together.
Wrongful death claims and survival claims
There are often two different claims after a death. They protect different things.
- A wrongful death claim is for the family's own losses, like the loss of financial support and companionship.
- A survival claim is a claim the person who died could have brought if they had lived. It "survives" their death and is brought on behalf of their estate, usually by the personal representative or successor in interest. It can include losses such as medical bills and lost wages between the injury and death.
Whether a survival claim can include damages for the person's pain and suffering before death depends on rules that have changed recently. We will review the current law as it applies to your family's case.
What damages are available?
No amount of money can replace the person you lost. But a wrongful death case can ease the financial strain and recognize what your family has lost. Damages may include:
- Funeral and burial costs.
- The financial support the person would have provided.
- The value of household services, like childcare and home care.
- The loss of love, companionship, comfort, care, protection, affection, guidance and moral support.
California law doesn't pay for grief or sorrow itself. It focuses on what the family lost in the relationship and in support. Every case is different, and we can't predict a result. We can explain the factors that matter in your family's case.
How long do you have?
In most cases, a wrongful death lawsuit must be filed within two years of the date of death (Code of Civil Procedure § 335.1). Shorter deadlines can apply. If a government agency or employee may be responsible, such as in a crash with a city vehicle or on a dangerous public road, a written claim usually must be filed within six months (Government Code § 911.2). Other types of cases, such as medical negligence, have their own deadlines. Read more about the two deadlines that can end your case.
Evidence can also fade quickly. Video gets recorded over, vehicles get repaired and memories change. Reaching out early helps protect your family's rights.
Talk with us when you're ready
We serve families in Whittier, Hacienda Heights, Downey, Pico Rivera and across Los Angeles County. Your consultation is free, and you pay no attorney's fee unless we recover money for your family. We can meet in person or by video, and we are available 24/7. Learn about Steven Ibarra, see the other personal injury cases we handle or read our personal injury FAQs. When you're ready, contact us or call (562) 612-7806. Hablamos español.