Losing a loved one because of someone else’s negligence is one of the most devastating experiences a family can endure. During such an overwhelming time, few people know what their rights are, who can bring a claim, or how the legal process works in California.
This guide explains the essentials of a California wrongful death case—timelines, damages, legal standards, and when families should speak with an attorney.
1. What Counts as “Wrongful Death” in California?
A wrongful death occurs when a person dies due to the negligence or wrongful act of another individual, company, or entity. Common causes include:
Car accidents
Commercial truck collisions
Dangerous property conditions
Medical negligence
Defective products
Criminal acts
Families often seek guidance from a wrongful death lawyer in Orange County to determine whether the facts of the case qualify under California law.
2. Who Is Allowed to File a Wrongful Death Claim?
Under California Code of Civil Procedure § 377.60, the following may file:
Spouses
Domestic partners
Children
Grandchildren (if the children are deceased)
Financial dependents (putative spouses, stepchildren, parents)
If multiple eligible individuals exist, the case is typically brought as a single unified action.
3. What Damages Can Families Recover?
Wrongful death damages are divided into two categories:
A. Economic Damages
These compensate for measurable financial losses:
Loss of financial support
Loss of household income
Funeral and burial expenses
Loss of household services
B. Non-Economic Damages
These address human losses:
Loss of love, companionship, and comfort
Loss of guidance and moral support
Loss of consortium (for spouses)
If the deceased suffered before passing, an additional survival action may allow recovery of medical expenses and pain and suffering the victim experienced prior to death.
Accidents involving commercial vehicles or severe trauma often require early involvement from a truck accident attorney in Orange County, especially when multiple defendants or corporate insurance policies are involved.
4. How Liability Is Proven in Wrongful Death Cases
To prove wrongful death, the family must show:
The defendant owed a duty of care
The defendant breached that duty
The breach caused the death
The family suffered damages
Evidence can include:
Police reports
Scene photos
Eyewitness testimony
Surveillance video
Medical records
Expert reconstruction
Cases involving impacts from motor vehicles frequently involve separate claims handled by a car accident lawyer in Irvine, especially when there are disputed liability issues.
5. California’s Statute of Limitations
Most wrongful death claims must be filed within:
Two years from the date of death
However, exceptions exist:
Medical malpractice: one year from discovery, or three years from the injury
Government claims: six months to file an administrative claim
Families should contact a personal injury law firm in Irvine quickly, since evidence can disappear and deadlines approach faster than clients expect.
6. How Wrongful Death Settlements Work
Insurers evaluate:
Liability strength
Expert testimony
Lost future earnings
Family relationships
Evidence of negligence
Trial risk
Trial-ready firms often obtain higher settlements because insurers know they cannot pressure them into early, undervalued resolutions.
7. When a Family Should Contact an Attorney
You should seek legal counsel if:
There are questions about what happened
Liability is disputed
A commercial vehicle or company is involved
There are multiple insurance policies
The deceased supported dependents
Evidence may disappear (surveillance video, vehicle data, app data, etc.)
A law firm experienced in wrongful death cases can coordinate investigations, preserve critical evidence, and guide families through an exceptionally difficult process.
Conclusion
California’s wrongful death laws are complex, emotionally challenging, and highly dependent on timelines and evidence. Working with a knowledgeable attorney ensures that families receive clarity, support, and the strongest possible case during an unimaginably painful time.
About the Author
Cynthia A. Craig is a senior trial attorney and founding partner of Kubota & Craig, PC, a National and Regional Tier 1 personal injury law firm. Recognized by Best Lawyers and honored with leadership awards for her contributions to the legal profession, she represents families in wrongful death, catastrophic injury, premises liability, and motor vehicle collision cases across Orange County.
