California Wrongful Death Lawyer

Under California Code of Civil Procedure Section 377.60, the following individuals may file a wrongful death claim: the surviving spouse or domestic partner, surviving children, and if there are no surviving spouse or children, anyone who would be entitled to the decedent’s property under intestate succession. Putative spouses, stepchildren who were financially dependent, and parents who were financially dependent on the decedent may also have standing. Contact us to discuss whether you qualify to file a claim.

The timeline depends on the specific circumstances of your case. California law generally provides two years from the date of death to file a wrongful death lawsuit. If a government entity is involved — such as a city, county, or state agency — you must file an administrative claim within six months. Missing these deadlines can permanently bar your family’s right to recover compensation. Call us to discuss the specific deadlines that apply to your case.

A wrongful death claim compensates surviving family members for their own losses — lost income, loss of companionship, funeral costs, and loss of household services. A survival action recovers damages that the deceased person experienced before death, including pain and suffering, medical expenses, and lost wages between the time of injury and death. Both claims can be pursued in the same case, and an experienced attorney can help maximize your family’s total recovery.

Recoverable damages include funeral and burial costs, loss of the decedent’s expected future income and financial support, loss of companionship and moral support, loss of guidance and nurturing for minor children, and the value of household services the decedent provided. Through a survival action, you may also recover the decedent’s pain and suffering and medical expenses incurred before death. In cases involving egregious conduct such as DUI, punitive damages may also be available.

At Law Warriors Group, we handle wrongful death cases on a contingency fee basis. There are no upfront costs, no retainers, and no hourly fees. You pay nothing unless we win your case. Our fee is a percentage of the settlement or verdict we recover for your family, so there is zero financial risk to you.

Yes. California follows a pure comparative negligence rule, which means your family can still recover damages even if your loved one was partially at fault. The compensation is reduced by the decedent’s percentage of fault. For example, if your loved one was 20% at fault and total damages are $1,000,000, your family could still recover $800,000. Insurance companies often try to shift blame to reduce payouts, which is why having an attorney is critical.

Wrongful death claims can arise from many types of incidents, including car accidents, truck accidents, pedestrian accidents, medical negligence, workplace accidents, DUI crashes, defective products, construction site incidents, and any other situation where someone’s negligence or wrongful act causes a fatal injury. If you believe your loved one’s death was caused by another party’s negligence, contact us for a free case review.

The timeline depends on the specific circumstances of your case, including the complexity of liability, the number of parties involved, and whether a fair settlement can be reached. Some cases resolve in several months through negotiation, while others involving disputed liability or multiple defendants may take longer. Your attorney will work to resolve your case as efficiently as possible while ensuring your family receives the full compensation it deserves.