Can I File a Civil Wrongful Death Lawsuit Without a Criminal Case in Whittier, CA?

By Payam Soliemanzadeh, Founder and President

Key takeaways

• Civil wrongful death claims under CCP §377.60 operate independently of any criminal prosecution in Whittier.
• File within two years (CCP §335.1) or six months (Gov. Code §911.2) if a government entity is liable.
• Whittier Courthouse at 7339 South Painter Avenue hears wrongful death cases for Los Angeles County's Southeast District.
• Many collisions on Interstate 605 and State Route 60 result in civil claims without criminal charges.

Fatal crashes along Interstate 605 and State Route 60 in Whittier often leave families unsure whether they can pursue justice when prosecutors do not file criminal charges. A wrongful death claim is a civil remedy separate from the criminal justice system. The decision not to prosecute does not bar your right to hold a negligent party accountable in court.

Understanding the distinction between civil and criminal proceedings is critical for families navigating loss. A wrongful death claim filed at Whittier Courthouse seeks financial recovery for survivors under standards entirely independent of criminal law. This article explains how civil cases proceed without criminal prosecution, who may sue, and the deadlines that apply in Los Angeles County.

Civil and criminal cases are independent proceedings

Criminal prosecutions require proof beyond a reasonable doubt, a standard that protects defendants from wrongful conviction but often leaves families without criminal justice. Civil wrongful death claims under CCP §377.60 require only a preponderance of the evidence—meaning it is more likely than not that the defendant's conduct caused the death. This lower threshold allows recovery even when criminal charges are never filed or result in acquittal.

Prosecutors may decline to file charges for many reasons unrelated to the merits of a civil claim: insufficient resources, witness availability, or strategic priorities. A collision on Whittier Boulevard or Painter Avenue that results in a fatality may not meet the district attorney's charging criteria, yet the same facts may support a strong civil case. The two systems operate in parallel, and success or failure in one does not dictate the outcome in the other.

Who may file a wrongful death lawsuit in Whittier

CCP §377.60 limits standing to the decedent's surviving spouse, domestic partner, children, and—if there is no surviving spouse or issue—anyone entitled to the decedent's property by intestate succession, including parents and siblings. Only these designated individuals may file a wrongful death claim; other relatives, friends, or dependents generally cannot bring suit, though they may recover as beneficiaries if they depended financially on the deceased.

Your attorney will file the complaint at Whittier Courthouse, where the Southeast District hears wrongful death cases for Los Angeles County. CCP §377.61 authorizes recovery for loss of companionship, financial support, funeral expenses, and other damages flowing from the death. A separate survival action under CCP §377.30 may also recover damages the decedent could have claimed had they lived, such as medical costs and pain suffered before death.

Filing deadlines and statutes of limitations

You must file your wrongful death claim within two years of the date of death under CCP §335.1. If the responsible party is a government entity—for example, a municipal bus, a Los Angeles County vehicle, or a Caltrans maintenance crew—you must first file an administrative claim within six months under Government Code §911.2. Missing either deadline typically forfeits your right to recover, regardless of the strength of your case.

These deadlines run independently of any criminal investigation or prosecution. A district attorney may take years to decide whether to file charges, but your civil statute of limitations continues to run. Waiting for a criminal verdict risks missing the window to file at Whittier Courthouse. Consulting an attorney promptly after a fatal collision on Interstate 605 or State Route 72 ensures compliance with both the two-year and six-month deadlines, preserving your family's claim.

Local details

Wrongful death cases arising in Whittier are filed at Whittier Courthouse, located at 7339 South Painter Avenue, Whittier, CA 90602, which serves the Southeast District of Los Angeles County Superior Court. Many fatal collisions in the city occur along Interstate 605 (San Gabriel River Freeway), State Route 60 (Pomona Freeway), and State Route 72 (Whittier Boulevard), where high-speed traffic and complex interchanges elevate crash risk.

Victims of severe collisions are often transported to St. Francis Medical Center, a Level II trauma center at 3630 East Imperial Highway in Lynwood. Medical records from St. Francis become critical evidence in establishing the cause of death and the decedent's suffering. Painter Avenue and Beverly Boulevard also see frequent accidents that may give rise to wrongful death claims when negligence—such as distracted driving, speeding, or failure to yield—results in a fatality.

Frequently Asked Questions

What if the person responsible was acquitted in criminal court?

An acquittal does not bar a civil wrongful death claim. The criminal standard—proof beyond a reasonable doubt—is far higher than the civil standard of preponderance of the evidence. A jury may find insufficient evidence to convict yet still conclude in civil court that the defendant more likely than not caused the death. Many families recover damages even after a not-guilty verdict.

Do I need to wait for a police investigation to finish before filing?

No. You may file your wrongful death lawsuit while the police or California Highway Patrol investigation continues. Your attorney will conduct an independent investigation, gathering witness statements, surveillance footage, and accident reconstruction analysis. Waiting for law enforcement to complete its work may risk missing the two-year deadline under CCP §335.1, especially if the investigation stalls or concludes without charges.

Can I still recover if my family member was partially at fault?

Yes. California follows pure comparative negligence, which allows recovery even if the decedent was mostly at fault. Your damages are reduced by the decedent's percentage of fault. For example, if your spouse was 30 percent at fault in a crash on State Route 60, you may still recover 70 percent of the total damages from the other party.

What types of damages can I recover in a wrongful death case?

CCP §377.61 permits recovery for loss of financial support, companionship, moral support, household services, funeral and burial expenses, and the value of lost gifts or benefits survivors would have received. If the defendant acted with malice—such as in a DUI crash on Whittier Boulevard—you may also seek punitive damages under California Civil Code §3294 to punish egregious conduct.

Related reading

• Wrongful Death Practice Area
• Whittier Wrongful Death Lawyer
• What Is The Process For Filing A Los Angeles Wrongful Death Personal Injury Claim
• Who Can File a Wrongful Death Claim in Torrance?
• What a Santa Clarita Family Must Prove in a Wrongful Death Case

Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.