Understanding Wrongful Death Claims in California

What Is a Wrongful Death Under California Law?

A wrongful death occurs when a person dies as a result of another individual’s or entity’s negligence, recklessness, or intentional act. It may involve car accidents, workplace incidents, medical malpractice, product defects, or even violent crimes. These are not just accidents—they are preventable losses with profound consequences for families left behind.

California’s wrongful death statutes are meant to provide financial recovery and emotional justice to the surviving family members or dependents of the deceased. It is a civil lawsuit—completely separate from any criminal proceedings—that aims to compensate the survivors for the tangible and intangible losses they endure.

Who Can File a Wrongful Death Lawsuit in California?

California Code of Civil Procedure Section 377.60 specifies who is eligible to bring a wrongful death action. The law is designed to prioritize close relationships and financial dependence. Those eligible include:

• The deceased’s spouse or domestic partner
• Biological and adopted children
• Stepchildren who were financially dependent on the deceased
• Parents, if they were financially dependent or if no children or spouse exist
• Legal guardians or other heirs under California’s intestate succession laws

In rare cases, individuals not directly related but financially dependent may also qualify. Proving dependency and rightful standing is a crucial part of the claim, which an experienced attorney will manage.

Common Causes of Wrongful Death Cases in California

Wrongful deaths can arise from a wide range of fatal incidents. Some of the most commonly litigated include:

1. Motor Vehicle Accidents

Negligent drivers, reckless behavior, DUI, distracted driving, or unsafe road conditions can lead to fatal crashes.

2. Workplace Accidents

Especially common in construction and industrial jobs, workplace negligence can result in deadly falls, machinery malfunctions, or exposure to harmful substances.

3. Medical Malpractice

Fatal surgical errors, medication overdoses, misdiagnoses, or failure to treat a condition are tragically common.

4. Defective Products

Faulty machinery, dangerous pharmaceuticals, or poorly designed consumer goods can lead to fatal injuries.

5. Premises Liability

Property owners who fail to maintain safe environments may be liable if unsafe conditions lead to fatal slips, falls, or structural failures.

6. Intentional Acts

Assaults, abuse, and other criminal acts may also be litigated in civil court to secure damages for the victim’s family.

Damages You Can Recover in a Wrongful Death Claim

California allows two primary categories of compensation in a wrongful death lawsuit: economic damages and non-economic damages.

Economic Damages:

• Loss of the deceased’s financial support (past and future income)
• Medical and hospital expenses incurred before death
• Funeral and burial expenses
• Loss of benefits or gifts expected from the deceased
• Value of household services the deceased would have provided

Non-Economic Damages:

• Loss of companionship and emotional support
• Loss of affection, care, guidance, and moral support
• Pain, grief, and suffering of survivors

California does not currently cap non-economic damages in wrongful death cases (except in some medical malpractice cases), which makes proper case preparation vital to maximizing recovery.

How Long Do You Have to File? – California’s Statute of Limitations

The law generally allows two years from the date of death to file a wrongful death lawsuit in California. However, this timeline can be shortened or extended depending on specific factors, such as:

• Governmental liability (claims against public entities often have a 6-month deadline)
• Discovery of harm (e.g., medical malpractice cases may toll the statute if the harm wasn’t immediately known)

Missing the statute of limitations means forfeiting your legal right to compensation—don’t delay.

Why You Need an Experienced Wrongful Death Attorney

Wrongful death cases are emotionally intense, legally complex, and fiercely contested—especially when large insurance companies or corporations are involved. These defendants often attempt to:

• Shift blame to the deceased
• Undervalue the family’s loss
• Minimize future lost earnings
• Exploit legal loopholes to avoid liability

At California Trial Law Group, PC, we take a comprehensive and compassionate approach. We handle every part of the legal battle so families can focus on healing. Our services include:

• Independent investigations
• Accident reconstruction
• Collaboration with economists, grief experts, and medical professionals
• Aggressive negotiation with insurance carriers
• Litigation if necessary—we don’t settle for less than you deserve

We Don’t Just Fight for You — We Stand With You

We know the heartbreak our clients face. Losing a parent, child, or partner is not just a financial loss—it’s a fracture in a family’s entire foundation. That’s why we don’t just offer legal support; we offer empathy, strategy, and strength in the most painful time of your life.

We’re led by Ike M. Kaludi, Esq., a seasoned trial attorney known for securing high-value settlements and verdicts across California in complex personal injury and wrongful death cases. Our entire team—from law clerks to case managers—works together to provide clarity, communication, and compassion at every stage.

What Clients Say About California Trial Law Group

"As a Celebrity Stylist and Business Owner I value great customer service Ike has been nothing short of a miracle worker I like many involved in a car accident tried to take on the insurance company alone after many months of the run around and outright harassment I received from the other party's insurance I decided to hire a lawyer and let them handle it Thank God I did Ike got me the treatment I desperately needed with an amazing chiropractor and went full force on the insurance company After I was offered pennies by the insurance company Ike was able to settle my suite for the maximum amount!! Thank you so much Ike Miles and everyone else in the firm who played a part I'm forever grateful" – TAJMA MYLES

"I highly recommend Ike Kaludi and his team for anyone needing legal assistance in personal injury cases Ike’s extensive experience was evident and very helpful throughout the process He was always ready to explain each step discuss all possible outcomes and provide examples from previous cases which greatly aided my understanding and decision-making" – LISA RIVALIN

Conclusion: Let Us Help You Seek Justice

No legal claim can ever fill the void left by a loved one’s death—but pursuing a wrongful death lawsuit can provide the stability and accountability families deserve. If you believe your loss was caused by another’s negligence, take action. The road ahead will be difficult, but you won’t have to walk it alone.

California Trial Law Group, PC is here to help you find justice—and peace.