California Wrongful Death Attorneys

The unexpected loss of a loved one due to someone else's negligence or wrongful act is the most devastating event a family can endure. The grief is profound, the emotional trauma is life-altering, and the sudden financial void is catastrophic. In these darkest moments, you need a legal team that combines compassionate support with relentless legal advocacy.

At Harris Personal Injury Lawyers, our California wrongful death attorneys stand ready to be your voice and your shield. We understand that no amount of money can replace your loved one, but we are committed to holding the responsible parties accountable and securing the financial stability your family needs to face the future.

If you have lost a spouse, parent, or child in California due to negligence, Harris Personal Injury Lawyers is here to guide you through the process of seeking justice. We are dedicated to our clients and can help you with the legal burdens that you now face.

Understanding Wrongful Death in California Law

A wrongful death claim in California is a civil action brought by the family members of the deceased victim (the "decedent") against the party whose negligent, reckless, or intentional actions caused the death. This claim is based on the losses suffered by the survivors, not the injury the decedent suffered.

The Four Essential Elements of a Wrongful Death Claim

To succeed in a California wrongful death lawsuit, the plaintiff (the surviving family) must prove the same four elements of negligence that would have applied had the victim lived and filed a personal injury claim:

1. Duty of Care: The defendant owed a legal duty to the deceased (e.g., a driver's duty to operate a vehicle safely, or a property owner's duty to maintain safe premises).
2. Breach of Duty: The defendant violated or "breached" that duty of care through a negligent or wrongful act (e.g., drunk driving, or failing to fix a known hazard).
3. Causation: The defendant's breach of duty was a direct and substantial factor in causing the death of the loved one.
4. Damages: The surviving family members suffered quantifiable losses as a result of the death.

Some of the Common Causes of Wrongful Death We Handle:

• Motor Vehicle Accidents: Fatal car, truck, or motorcycle crashes caused by distracted driving, speeding, or intoxication.
• Premises Liability: Deaths resulting from dangerous or defective property conditions, such as slip and falls, inadequate security, or swimming pool accidents.
• Intentional Acts: Homicide or other criminal acts that result in death.

The Critical Deadline: California's Statute of Limitations

In the midst of mourning, thinking about legal deadlines can feel impossible, but it is one of the most critical aspects of your claim. Generally, the deadline to file a wrongful death lawsuit in California is two years from the date of the decedent's death according to California Code of Civil Procedure § 377.60.

Key Exceptions and Time Constraints:

• Government Claims: If the responsible party is a government entity (city, county, state), the family must file a formal administrative claim within a highly restricted window, usually six months, from the date of death.
• Minors: If a minor child loses a parent, their statute of limitations may be tolled (paused) until they turn 18.

Do not wait. The sooner our personal injury attorneys begin the investigation, the better we can preserve vital evidence, which is essential in holding the at-fault party accountable.

Who Can File a Wrongful Death Lawsuit in California?

California law strictly defines who has the legal standing (the right) to bring a wrongful death action. These individuals, known as "heirs," are prioritized as follows:

Primary Claimants (In Order of Priority):

1. The decedent's surviving spouse or registered domestic partner.
2. The decedent's children.
3. The issue of the deceased children (grandchildren).

Secondary Claimants (If No Primary Claimants Exist):

• Individuals who would be entitled to the decedent’s property under California’s intestate succession laws (e.g., parents, siblings).
• Dependent minors who resided in the decedent's household for the previous 180 days and were dependent on the decedent for at least one-half of their support.
• A putative spouse (a person who, in good faith, believed they were married to the decedent).
• Parents of the decedent, if they were financially dependent on the deceased.

A Single Claim for All Heirs: In California, only one wrongful death action is filed on behalf of all eligible heirs. Our attorneys ensure all parties with standing are included and that any resulting settlement or judgment is fairly distributed among the rightful claimants.

Valuing Your Loss: Types of Wrongful Death Compensation

The compensation in a wrongful death claim is complex because it is designed to account for losses that are both measurable and tragically intangible. Our goal is to secure full compensation for both categories of damages:

1. Economic Damages (Measurable Financial Losses)

These damages compensate the heirs for the financial support and services the decedent would have provided:

• Loss of Financial Support: The income, salary, and benefits the deceased would reasonably have contributed to the family during their expected lifetime. This often involves detailed analysis by economic experts.
• Loss of Gifts and Benefits: The value of health insurance, retirement contributions, or other benefits the heirs could have expected to receive.
• Funeral and Burial Expenses: All reasonable costs related to the funeral, burial, or cremation of the decedent.
• Loss of Household Services: The financial value of the services the deceased provided to the family, such as childcare, yard work, maintenance, or other domestic tasks.

2. Non-Economic Damages (Intangible Emotional Losses)

These subjective damages compensate the heirs for the severe emotional and relational loss:

• Loss of Companionship, Affection, and Society: The loss of the love, comfort, moral support, and society of the deceased.
• Loss of Protection and Assistance: The loss of the deceased’s guidance, training, and support, especially critical when a child loses a parent.
• Loss of Enjoyment of Sexual Relations: Compensation for the surviving spouse or domestic partner’s loss of intimacy.
• Grief and Emotional Distress: While California law does not compensate for the survivor’s grief in a wrongful death claim, the non-economic damages listed above are the means by which the emotional losses are compensated.

3. Survival Action (Damages Recoverable by the Estate)

In California, a wrongful death claim is often filed alongside a Survival Action. This separate action is brought by the decedent’s estate to recover damages the victim suffered between the time of injury and the time of death. These damages can include:

• The Decedent’s Medical Expenses incurred before death.
• Lost Wages the decedent suffered before death.
• The Decedent's Pain, Suffering, or Disfigurement suffered before death (as of 2022, these non-economic damages are now recoverable in a Survival Action).
• Punitive Damages (in rare cases of extreme or malicious conduct), which are typically only recoverable through a Survival Action, not the wrongful death claim itself.

The Importance of Hiring Specialized Legal Counsel

The defendant's insurance companies and legal teams will employ every tactic available to argue that your loved one was partially at fault, or that your loss is not worth the compensation you seek. Facing them alone while coping with the reality of loss is a battle you should not have to fight.

The Harris Personal Injury Lawyers Advantage:

• Deep Investigative Resources: We immediately deploy investigators to secure and analyze every piece of evidence.
• Expert Witness Network: We work with California's top economists, life care planners, and medical professionals to accurately calculate the full, devastating, and lifelong financial impact of your loss.
• Proven Record of Success: Our firm has recovered millions of dollars for families across California who have suffered wrongful death, demonstrating our ability to handle complex, high-stakes litigation successfully.
• Compassionate Representation: We handle all legal burdens—the filing, the investigation, the depositions, and the negotiations—allowing your family the space and time to grieve and heal.
• Our Commitment is Absolute: We work on a contingency fee basis. You will never pay any out-of-pocket legal fees. We advance all costs for investigation and litigation, and we only get paid if we successfully recover compensation for your family. 

Frequently Asked Questions About California Wrongful Death Claims

Coping with the loss of a loved one is difficult enough without the added difficulties of legal proceedings. Here are answers to the most frequently asked questions our clients have about pursuing a wrongful death claim in California:

Let Us Start the Fight for Justice Today

There is no way to truly compensate for the life that was lost, but a successful wrongful death claim can secure the financial future that was tragically taken away. It is also the most powerful way to hold the negligent party accountable and prevent similar tragedies from happening again.

Do not face this difficult journey alone. The legal deadlines are strict, and the preparation required is immense. We are here to help.

Schedule a free, confidential consultation with an attorney from Harris Personal Injury Lawyers to discuss your family's options by calling us at (408) 512-3600.