An unnecessary death caused by another party’s negligence can bring overwhelming shock and grief. If a person dies due to another’s negligent, reckless, or intentional act, California Code of Civil Procedure 377.60 allows the decedent’s surviving family members to sue for wrongful death damages.
What Is Wrongful Death?
Wrongful death is a claim against a person or entity whose negligent act can be held liable for a death. The claim is brought in a civil lawsuit, usually by the decedent’s survivors or estate, as enumerated by statute. Liability is expressed in terms of court-ordered monetary damages paid by the defendant to the decedent's survivors in the case of a successful lawsuit.
A Wrongful death claim can be filed by the decedent’s survivors against the responsible party or parties to seek financial compensation for various damages which include:
- Funeral and burial expenses
- The decedent’s final medical bills
- Loss of expected financial support
- Loss of the decedent’s potential income
- Loss of love, moral support, and guidance.
Who Can Sue for Wrongful Death?
Under California law, only certain family members and/or dependents have legal standing to pursue damages for wrongful death.
- Surviving spouses
- Domestic partners
- Surviving children (biological or adopted)
- Grandchildren (if the decedent’s children are also deceased)
- Financially dependent “putative spouse”
- Financially dependent parents
- Financially dependent stepchildren
- In some situations, under “intestate succession” laws, certain persons are entitled to a share of the estate if the decedent did not leave a will.
Who Gets the Money in a Wrongful Death Lawsuit in California?
The decedent’s estate and surviving family members may be eligible to receive compensation for damages incurred. These may include economic damages (loss of financial support) and non-economic damages (loss of affection, attention, and guidance).
Under California law, each party who has a lawful claim must be named either as a plaintiff or involuntary defendant in the wrongful death lawsuit to be entitled to compensation.
It is ideal for the designated cash recipients to reach an agreement with other family members. Otherwise, a California court has the authority to divide the settlement equitably among qualified family members in the absence of compromise.
Statute of Limitations for Wrongful Death in California
A wrongful death claim in California should be made within two years of the date the death occurred. If a claimant fails to file a case during this time, they will likely lose their right to seek financial compensation.
The Wrongful Death Claims Process
While no two cases are identical, the general process for pursuing a wrongful death claim follows these steps:
- Investigation and Evidence Gathering
Our team will launch an immediate investigation into the accident, gathering all relevant evidence such as:
- Police accident reports
- Eyewitness testimony
- Photos and videos of the scene
- Vehicle black box data
- Toxicology reports (if impaired driving suspected)
- Maintenance and inspection records
- Roadway construction plans and logs.
This evidence is critical for establishing negligence and liability.
- Formal Claim Filing
We'll properly file all claims and legal documentation on your behalf, ensuring all deadlines are strictly followed per California's statute of limitations. - Settlement Negotiations
Our attorneys will engage the at-fault party's insurance company, presenting our findings and demand for financial compensation. We'll negotiate aggressively to recover the maximum possible settlement amount. - Litigation (If Necessary)
If a fair settlement cannot be reached, we're fully prepared to take your case to trial. Our skilled litigators will argue persuasively for a verdict that provides justice for your loved one. Throughout this process, we'll keep you informed at every step and ensure you understand all your rights and options. Your well-being is our top priority.
Damages You Can Recover
The compensation available in a successful wrongful death claim aims to make the surviving family members "whole" to the greatest extent possible. While no amount can undo your anguish, it can provide financial relief during this unimaginable time. Potential damages you may recover include:
- Final medical expenses for the deceased's care
- Funeral and burial costs
- Loss of the deceased's expected earnings and benefits
- Loss of love, companionship, or guidance from the deceased
- Pain and suffering experienced by the deceased before death
- Punitive damages against parties who acted with malice or oppression.
Our attorneys will carefully document and prove all quantifiable losses. We'll also compile compelling evidence of your emotional trauma and pain and suffering to maximize your non-economic damages award.
Hire a Wrongful Death Attorney in California
With a combined 25 years of California law practice, we at the Barrios & Machado Personal Injury law firm have helped thousands of our clients in cases of wrongful death. We’ve assisted Californians in getting their rightful compensation, handling the legal case on their behalf as they focus on healing after their loved one’s passing.
If a loved one has died due to someone else’s actions and you have suffered losses as a result, contact our experienced wrongful death lawyer as soon as possible. Schedule a free, no-obligation evaluation of your case by calling us today at (714) 515-9696.
