Wrongful Death

Loss and Legal Guidance

Losing a loved one because of someone else’s carelessness is devastating. In California, families facing wrongful death often feel overwhelmed—by grief, by sudden changes, and by complex legal questions. If you suspect another’s actions caused your loss, you’re not alone. Many families in your position have found answers and support by exploring their rights under personal injury law, including wrongful death claims.

What Is Wrongful Death?

A wrongful death happens when someone dies because of another person’s negligence, recklessness, or intentional act. In California, this can include car accidents, dangerous property conditions, medical mistakes, or even criminal actions. The law lets surviving family members seek justice—not just for themselves, but in memory of their loved one.

For example, premises liability claims may arise if a fatal accident happens due to unsafe property. Similarly, medical malpractice can lead to wrongful death cases when medical errors result in death.

California Laws That Apply

California’s wrongful death laws are set out in the Code of Civil Procedure Sections 377.60–377.62. These laws define who can file a claim—usually spouses, children, or sometimes others who depended financially on the person who died. You’ve got two years to file, starting from the date of death, so acting quickly is important.

Other state laws, such as the California Vehicle Code, may apply if a fatal car accident is involved. In certain cases, federal laws could also play a role, such as workplace deaths regulated by OSHA.

Who Can Be Held Responsible

Any individual, business, or entity whose actions (or failure to act) caused the death can be held accountable. This could include negligent drivers, property owners, manufacturers of dangerous products, or healthcare providers. In some situations, multiple parties may share responsibility.

If a dangerous product caused the death, a product liability suit may be appropriate. For deaths at work, employer obligations come into play, and you may want to understand wage and hour disputes or related employment protections.

Steps to Take After a Wrongful Death

The first days and weeks are the hardest. Here’s how you can protect your family’s rights:

• Gather documents (death certificate, accident reports, medical records)
• Write down your memories of what happened
• Talk to witnesses, if possible
• Keep records of financial losses, such as funeral costs or lost income
• Consult a compassionate attorney experienced in California wrongful death claims

For a deeper look, our Common Causes of Wrongful Death Claims article explains frequent scenarios and warning signs.

Know Your Damages

California law allows families to recover several types of damages in a wrongful death claim:

• Funeral and burial expenses
• Financial support the deceased would have provided
• Loss of gifts or benefits
• Value of household services
• Loss of companionship and emotional support

You can learn more in our article about understanding compensation in wrongful death lawsuits.

Get Answers and Support

Facing a wrongful death is emotionally and legally complex. But you don’t have to go through it alone. If your loss involved a vehicle defect, see our vehicle defects page for details on those claims. If you’re unsure whether you have a case, read how to prove negligence in a wrongful death case.

If you have questions about slip and fall deaths or other accident types, we also have a slip and fall section explaining your rights.

Frequently Asked Questions About Wrongful Death in California

Who can file a wrongful death claim in California? In California, the spouse, domestic partner, children, and sometimes other dependents or heirs may file a wrongful death claim.

What is the time limit to file a wrongful death lawsuit? You generally have two years from the date of death to file a wrongful death lawsuit in California.

What damages can families recover in wrongful death cases? Families can recover funeral expenses, lost financial support, value of household services, and loss of companionship.

Does a wrongful death claim include pain and suffering of the deceased? Pain and suffering of the deceased is typically not included in wrongful death claims, but may be part of a separate survival action.

Can a wrongful death case involve criminal and civil proceedings? Yes. The state may bring criminal charges, while families can pursue a civil wrongful death lawsuit for damages.

Contact Attain Law

Your family deserves support and answers. Call Attain Law at (888) 970-8627 or contact us today for a free consultation. We’re here to support you.