Practice Area
Wrongful Death Claim Attorney in California
Compassionate representation for families after the sudden loss of a loved one.
Wrongful death claims in California
- How long do I have to file a personal injury claim in California?
- Most California personal injury claims must be filed in court within two years of the date of injury (Code of Civil Procedure § 335.1). If the claim is against a city, county, transit agency, school district, or other public entity, a written claim must first be presented to that entity within six months (Government Code § 911.2). Missing either deadline can end the claim permanently. Code of Civil Procedure § 377.60 limits who may bring a wrongful death action — generally the spouse, domestic partner, children, and certain other dependents — and the claim must be filed within two years of the death (Code of Civil Procedure § 335.1). A separate survival action belongs to the estate; as of January 1, 2026, Code of Civil Procedure § 377.34 again excludes the decedent's own pain, suffering and disfigurement from a survival action, leaving the estate's economic losses and, where proven, punitive damages.
- What if I was partly at fault for the accident?
- California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Being partly at fault does not bar recovery — compensation is reduced by the injured person's own percentage of fault. Under Civil Code § 1431.2, economic damages are joint and several among defendants, while non-economic damages are apportioned by each defendant's share of fault.
- What does it cost to hire a personal injury attorney?
- These cases are handled on a contingency fee — no fee unless we win. If the lawsuit does not succeed, the firm does not charge the client. The initial consultation is free.
- What compensation can I recover in a California injury claim?
- California allows recovery of economic damages — past and future medical expenses, lost earnings, lost earning capacity and out-of-pocket costs — and non-economic damages such as physical pain, mental suffering, inconvenience, disfigurement and loss of enjoyment of life (CACI 3903, CACI 3905). Punitive damages are available only where the defendant acted with oppression, fraud or malice (Civil Code § 3294). What any individual claim is worth depends on the evidence in that case; no lawyer can promise an amount.
- What damages can the family recover in a wrongful death case?
- CACI 3921 describes the recoverable losses: the financial support the decedent would have provided, funeral and burial expenses, the value of household services, and the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society and moral support. The surviving family's own grief and sorrow are not a separate item of damages.
- Do all the heirs have to be part of one case?
- Yes. A wrongful death action is a single action, and all heirs entitled to sue under Code of Civil Procedure § 377.60 must be joined in it rather than filing separate suits. A minor heir participates through a guardian ad litem, and any settlement affecting a minor requires court approval.
- Do I have to give the other side's insurance company a statement?
- Nothing in California law requires an injured person to give a recorded statement to another party's insurance company. Your own policy is different: auto policies contain a cooperation clause, so notify your own insurer promptly. Insurance Code § 790.03(h) bars an insurer from misrepresenting facts or policy provisions to a claimant, but the adjuster still represents the other side's interests.
- How long does a personal injury case take in California?
- The length of a case depends on medical treatment, disputes over liability and the court's calendar, so no schedule can be promised. Two timing rules shape every case: the complaint must be filed within the limitations period, and once filed, an action must be brought to trial within five years (Code of Civil Procedure § 583.310). Many claims resolve before trial; some do not.
- Who pays my medical bills while the claim is pending?
- In the meantime, treatment is usually paid by health insurance, by medical payments coverage on an auto policy where that coverage exists, or by a provider who agrees to wait for payment. A provider or health plan that paid may assert a lien or right of reimbursement against any later recovery, and Civil Code § 3040 limits how much certain health-care service plan liens may take from a settlement. These amounts are resolved when the claim resolves.
What to do after a wrongful death
- Preserve the death certificate, autopsy or coroner's report, and any incident or police report.
- Do not sign an insurer's release or a settlement of any part of the claim before the surviving family's rights under Code of Civil Procedure § 377.60 have been sorted out.
- Keep records of medical, funeral and burial expenses and of the financial support the family has lost.
- Write down the names and phone numbers of witnesses while memories are current.
- Note both deadlines that may apply — two years under Code of Civil Procedure § 335.1, and six months to present a claim to a public entity under Government Code § 911.2.
To speak with a California Personal Injury Attorneys lawyer about a wrongful death claim, call (800) 800-8910. The consultation is free and the line is answered 24 hours a day, Monday through Sunday.
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Wrongful Death Claim Attorney in Encino, CA: How We Help Families
Losing someone because of another person's negligence can leave us with grief, questions, and no clear next step. A wrongful death claim attorney in Encino, CA helps us understand who can file, what deadlines matter under California law, and how to protect a family's right to seek compensation without getting buried in legal jargon.
At California Personal Injury Attorneys, we help families across Encino, Los Angeles, and all of California get answers fast, with direct attorney contact, 24/7 availability, and trial-ready counsel since 1999. If we need to act on a claim, we need to act early, because California's filing deadlines can close the door on recovery, and if you want to talk now, Get a Free Case Review, and we can walk through the next step together.
What makes a death qualify as a wrongful death claim in California?
A death qualifies as a wrongful death claim in California when someone else's negligence, carelessness, or wrongful conduct caused it. The law gives surviving family members a civil path to seek compensation, but we still need to show clear legal fault and a real loss to the family.
In Los Angeles, these claims often come after car crashes, truck collisions, pedestrian strikes, medical mistakes, dangerous property conditions, or violent acts tied to preventable failures. In many cases, the same facts that point to fault in a serious injury case also support a wrongful death claim, which is why a Motorcycle Accident Attorney or other trial-ready personal injury lawyer may look closely at the full chain of events right away.
The legal elements we need to prove
To bring a wrongful death claim, we need to show four things in plain terms.
First, the other party had a duty of care. That means they had a legal duty to act with reasonable caution, like a driver obeying traffic laws or a property owner keeping the premises safe.
Second, we need to show a breach. That happens when the person fails to act safely, such as speeding, running a red light, skipping maintenance, ignoring a hazard, or giving unsafe medical care.
Third, we must prove causation. In other words, we have to connect the unsafe act directly to the death. If something else caused the loss, the claim gets weaker.
Finally, we need damages. The family must have suffered measurable loss, such as funeral costs, lost financial support, medical bills before death, and the loss of companionship or care.
A wrongful death case is not built on suspicion alone. It stands on proof that unsafe conduct caused a death and left a family with real, documented harm.
Why evidence matters so much in these cases
Strong evidence can make the difference, especially when the other side denies responsibility or tries to shift blame. Insurance companies often contest fault early, so we need facts that hold up under pressure.
Useful evidence often includes:
Police reports that record what happened at the scene
Witness statements from people who saw the event
Medical records that show the cause of death and related treatment
Photos and videos of the scene, vehicles, injuries, or hazards
Accident reconstruction that helps explain how the incident happened
Expert opinions from doctors, engineers, or safety professionals
In a Los Angeles wrongful death case, evidence can also help show how a crash unfolded at a busy intersection, how a property hazard went uncorrected, or how a driver's mistake caused a fatal chain reaction. We often see these issues in freeway wrecks, crosswalk collisions, and severe motorcycle crashes.
If the facts are complex, proving negligence in a wrongful death case takes careful investigation and a fast response. That matters because memories fade, vehicles are repaired, and key records can disappear.
When a family is ready to act, we can review the case, explain the deadline, and help gather the evidence needed to move forward. Families can Get a Free Case Review with CPIA, and we're available 24/7 at (800) 800-8910.
Who can file a wrongful death lawsuit in Encino?
California law limits who can bring a wrongful death claim, but it does not leave families without options. The right to file usually starts with the closest relatives, then expands based on the family structure and financial dependence. That matters because the wrong person filing can slow the case down or create avoidable disputes.
When we review a case, we first look at the relationship to the person who died, then we look at whether anyone depended on that person for support. For a clearer breakdown of the filing rules, we often start by reviewing who can file a wrongful death claim in California.
What happens when there are no direct descendants
If there is no spouse, domestic partner, or child, other family members may still have the right to file. In many cases, parents step into that role first. If there are no parents with a claim, siblings or other heirs may also be able to pursue the case, depending on how the family is set up and who would inherit under California law.
That can matter a lot in blended families or cases where a parent was estranged, but a sibling handled daily support. It also comes up when the deceased had no children but left behind relatives who were financially tied to them. The key question is not just who is related, but who suffered a legally recognized loss.
In some families, a stepchild or a putative spouse may also qualify if they were financially dependent on the deceased. A putative spouse is someone who believed in good faith that the marriage was valid. California recognizes those real-life relationships, not just the neat boxes on a family tree.
When damages are part of the discussion, it also helps to understand the kinds of losses a family may recover. We break those down in our guide to damages available in Los Angeles wrongful death cases.
Why families should confirm eligibility early
Eligibility can get complicated fast, especially in blended families, separated households, or cases with dependency issues. Two relatives may both feel they should file, but California law may give priority to only one, or may require the claim to be brought in a specific way. If we guess wrong, we risk delay, conflict, or missed deadlines.
That is why we should confirm eligibility as soon as possible with a wrongful death claim attorney. Early legal review helps us gather the right documents, identify the proper claimant, and avoid mistakes before they become expensive. It also gives us a chance to move quickly while records, witness accounts, and insurance information are still fresh.
The right claimant matters as much as the claim itself. If the filing starts in the wrong hands, the case can lose time we may not get back.
For families in Encino and throughout Los Angeles, CPIA can review the family structure, explain who may file, and handle the claim on a contingency fee basis, with no fees unless we win. If we need answers now, we can Get a Free Case Review and speak with a trial-ready attorney 24/7 at (800) 800-8910.
California deadlines and fault rules can change the whole case
When a family comes to us after a fatal crash, we look at two things right away, the deadline and the fault picture. Both can change whether a case moves forward and how much compensation may be available. In wrongful death cases, timing is not just a formality, and fault is not always all-or-nothing.
The two-year deadline for most wrongful death claims
In most California wrongful death cases, families have two years from the date of death to file a lawsuit. That deadline is strict, and missing it can end the case even when the facts are strong. A valid claim can still fail if it is filed too late.
That is why we push for early review. Records can be lost, witnesses can move away, and insurance companies do not wait around. If we act quickly, we have a better chance to protect the right to recover funeral costs, lost support, and other damages tied to the loss.
We often remind families that the legal clock starts running fast after a death. If a loved one died after a crash, unsafe property condition, or other preventable event, we should not wait until the deadline is close. A wrongful death filing timeline can be easier to manage when we begin gathering facts early.
A strong claim still needs to be filed on time. The court does not extend the deadline just because the loss was painful.
If we are not sure when the clock started or whether an exception applies, we should speak with a lawyer right away. At CPIA, we review these cases quickly, explain the deadlines in plain language, and help families protect their claim before time runs out. If we need help now, we can Get a Free Case Review any time, day or night.
Special deadlines when a government agency may be involved
Claims against a city, county, state agency, or other public entity follow a different rule. In many cases, we must file an administrative claim within six months of the incident. That is much shorter than the usual two-year deadline, and it catches many families off guard.
These cases often involve dangerous roads, public transit, government vehicles, or unsafe conditions on public property. Because the timeline is so short, fast action matters. If we miss the government claim deadline, we may lose the chance to pursue the case at all.
That is why we treat public-entity cases with urgency. A crash involving a city truck or a fatal fall on government property can require immediate investigation, notice, and careful filing. The earlier we review the facts, the more likely we are to preserve the claim and avoid a deadline problem that cannot be fixed later.
For families in Los Angeles, this often means acting before the shock has even settled. That is hard, but it protects the case. When a government agency may be responsible, waiting is risky.
How comparative fault can affect compensation
California uses a pure comparative fault system. That means a family can still recover damages even if the deceased was partly at fault. The compensation may be reduced by the person's share of fault, but the claim does not disappear just because blame is shared.
For example, if a jury finds that a driver was 20% responsible for a fatal crash, the recovery can be reduced by that amount. Still, the family may recover the remaining 80%. This rule matters in car crashes, motorcycle wrecks, pedestrian cases, and other deaths where more than one person may have contributed to the outcome.
That is why fault investigation matters so much. We need to know who did what, when they did it, and how the death happened. A rushed investigation can leave room for insurers to shift blame and reduce the value of the claim.
We look closely at the evidence because small details can change the result. Traffic camera footage, scene photos, vehicle damage, cell phone records, and witness statements can all affect how fault gets assigned. In a case involving a motorcycle crash, for example, the defense may argue the rider was speeding or lane splitting unsafely. We need facts, not guesses, to answer that kind of claim.
California law also allows recovery even when fault is shared, which is important for families who think they have no case. A careful review may show that another driver, a property owner, or a public agency had the larger share of blame. When that happens, the claim can still move forward.
If we are dealing with a death claim after a collision, a Motorcycle Accident Attorney can help sort out fault, deadlines, and the proof needed to keep the case strong. At CPIA, we build every case for trial from day one, so insurers know we are serious about the facts and the deadline.
What compensation may be available to grieving families
When a wrongful death changes a family's life, the loss is both personal and financial. We look at the full picture, because a claim should account for the bills that arrive right away and the support that disappears over time. In California, that often means both economic and non-economic losses, with punitive damages only in rare cases.
Economic losses we can help document
Economic losses are the measurable costs tied to the death. These often start with funeral and burial expenses, along with any medical bills related to the final injury or illness before death. If the person received emergency care, surgery, or hospital treatment, those records matter.
We also look at the income the person would have earned, plus benefits such as health coverage, retirement contributions, and other job-related support. In many cases, the family also loses the long-term financial help the person would likely have provided, including household support, childcare help, and contributions to dependents.
Those losses can be hard to price fairly without the right records. Pay stubs, tax returns, employer records, and medical files often tell only part of the story. That is why we may also rely on economists or other experts to estimate the full financial impact over time.
A careful review can make a major difference. If we rush this part, we may leave money on the table that the family may need later.
Non-economic losses that matter deeply
Some losses do not fit neatly into a spreadsheet, but they still matter. Families may recover for the loss of companionship, comfort, care, guidance, and emotional support they once depended on every day.
For a spouse or domestic partner, that can include the loss of love and support in the home. For children, it may include the loss of a parent's guidance, protection, and daily presence. For parents, it can mean losing the emotional bond and care that a child provided.
These losses are real even when they are hard to measure. A jury or insurance carrier cannot put a simple price tag on grief, but California law still recognizes the harm. We treat these claims with care because the absence of a loved one changes ordinary life in ways that money cannot fully fix.
The goal is not to reduce grief to numbers. The goal is to show the law the full scope of what the family has lost.
When punitive damages may come into play
Punitive damages are different from the compensation families usually seek. They are not meant to pay for the loss itself. Instead, they may punish especially reckless, malicious, or egregious conduct and discourage similar behavior in the future.
These damages are rare in wrongful death cases, and not every case qualifies. They often depend on the facts and on whether the defendant's conduct rises above ordinary negligence. For that reason, we do not assume they are available until we review the evidence closely.
Families dealing with a fatal crash, unsafe property condition, or other serious incident should speak with counsel as early as possible. In some cases, the facts may support additional claims beyond the basic wrongful death recovery, especially when a dangerous choice put others at risk. If we need help evaluating what may apply, we can Get a Free Case Review with California Personal Injury Attorneys, available 24/7 at (800) 800-8910.
How a wrongful death claim attorney helps families move forward
When a family loses someone because of negligence, the legal process can feel like one more burden on top of grief. We step in to carry that weight, organize the facts, and give the family a clear path forward. That starts with careful listening and ends with strong pressure on the other side to treat the claim seriously.
What we do from the first case review
Our first job is simple, we listen. We want to understand what happened, who was involved, what the family knows so far, and what questions are still unanswered. That early conversation helps us spot the legal issues before they turn into missed deadlines or lost evidence.
We also check the filing deadline right away. In most California wrongful death cases, the clock is short, and government claims can have even tighter notice rules. If the case involves a crash, a dangerous property condition, or a public agency, timing matters just as much as the facts.
Once we understand the basics, we review the evidence with fresh eyes. That may include police reports, medical records, photos, witness names, insurance information, and any records that help explain how the death happened. If needed, we also look at whether a guide to filing a wrongful death claim in Los Angeles can help frame the next step.
We then explain the legal options in plain language. Families should know who can file, what damages may be available, and what the next phase may look like. Clear answers matter, because no one should have to guess their way through a wrongful death claim while dealing with loss.
Why insurance companies need careful handling
Insurance companies often move fast after a fatal accident. That speed can look helpful at first, but early offers are often built to close the file before the full value of the claim is clear. Families should be cautious, because a quick payment may leave out future losses, loss of support, or the full effect of the death on the household.
We handle insurer contact so the family does not have to field calls, pressure, or paperwork alone. That matters, because adjusters know how to sound cooperative while still protecting the company's bottom line. Their first number is usually not their best number.
Our job is to push back with facts. We document the economic losses, account for non-economic harm, and challenge any attempt to shift blame unfairly. In a case involving a fatal motorcycle crash, for example, an experienced Motorcycle Accident Attorney will look closely at the collision details, the road conditions, the statements from witnesses, and any effort to downplay the driver's fault.
A careful response changes the tone of the case. When insurers see that we are organized, prepared, and ready to prove liability, they have less room to lowball the family. That gives us a better chance to pursue a result that reflects the actual loss, not just the insurer's first offer.
Why trial preparation matters even when a case settles
Strong settlement results often come from strong trial preparation. If the other side knows we are ready to go to court, they take the claim more seriously. That preparation is not about drama, it is about leverage through readiness, evidence, and credibility.
We build the case as if a jury will see it. That means we gather witness statements, preserve records, consult experts when needed, and prepare the story in a way that makes sense under California law. It also means we know where the weak points are, so we can address them before the defense tries to use them against the family.
When a case is trial-ready, settlement talks usually change. The other side can see that we are not guessing, and that we have already done the work needed to prove negligence and damages. In many wrongful death claims, that pressure leads to a better resolution without forcing the family to sit through a full trial.
Readiness matters because insurance carriers settle on risk. The more prepared the case, the less comfortable they feel taking shortcuts.
That is why we treat every wrongful death claim like it may go before a judge or jury. Families deserve that level of care from the start, especially when they are trying to heal and make sense of what comes next. If we want help now, we can Get a Free Case Review with California Personal Injury Attorneys, available 24/7 at (800) 800-8910, with no fees unless we win.
Practical next steps after a wrongful death in Encino
After a wrongful death, the first few steps can shape the whole claim. We need to stay organized, protect evidence, and avoid moves that give the insurance company room to спор? No, avoid confusion. In these cases, simple, careful action helps the most.
What to gather before speaking with us
The most helpful documents are the ones that show what happened, who was involved, and what losses have already started to add up. If we have them, we can review the facts faster and spot problems early.
Start with these items:
Death certificate, if it has been issued
Police or incident reports from the crash, fall, or other event
Medical records related to the final injury or illness
Insurance letters or claim notices from any carrier involved
Photos or videos of the scene, vehicles, hazards, or injuries
Witness names and contact details
Receipts and bills for funeral costs, burial expenses, and related out-of-pocket losses
Pay records, tax forms, or benefit documents if the death affected household income
If the death involved a crash in Los Angeles, we may also want vehicle information, tow records, and any notes from a responding officer. For motorcycle or pedestrian deaths, scene photos and witness names often matter even more, because fault can be disputed right away.
If we can gather only a few things, we should start with the report, medical records, and contact information for witnesses. Those three can give us a strong starting point.
Mistakes that can hurt a claim
Some mistakes can weaken a wrongful death claim before it really gets started. Waiting too long is one of the biggest risks, because California deadlines can close the door on recovery. If a government agency may be involved, the time limit can be much shorter.
We should also avoid guessing about fault. A family member may feel sure about what happened, but insurance companies use unclear statements to push blame onto the deceased or lower the value of the case. It's better to let the evidence tell the story.
Social media can cause problems too. Posts, photos, and comments can be taken out of context and used against the family later. Even a simple update can create a defense argument that was never there before.
Accepting a fast settlement is another common trap. Early offers often leave out future wage loss, long-term support, and the full value of companionship and care. Once a claim settles, it usually cannot be reopened.
A quick offer can feel helpful in a hard moment, but it often leaves important losses unpaid.
When we review a case at California Personal Injury Attorneys, we look at the full picture first. If the death involved a vehicle collision, unsafe property, or another preventable event, we can help identify the right next move. Families can always Get a Free Case Review with our Encino team, available 24/7 at (800) 800-8910, and we work on a contingency fee basis, so there are no fees unless we win.
Common questions families ask about wrongful death claims
Families usually come to us with the same concerns. They want to know whether a criminal case affects their claim, how long the process may take, and whether legal help will add more financial strain. Those are fair questions, especially when grief, bills, and unanswered questions are all hitting at once.
Can a criminal case and a wrongful death claim happen at the same time?
Yes, they can move forward at the same time. The criminal case and the civil wrongful death claim are separate, even if they come from the same incident.
A criminal case focuses on punishment and uses a higher burden of proof, beyond a reasonable doubt. A wrongful death claim focuses on compensation for the family and uses the lower civil standard, preponderance of the evidence. In plain terms, one case can succeed even if the other does not.
That means we do not have to wait for the criminal process to end before we protect the civil claim. In many Los Angeles cases, the civil case can keep moving while prosecutors investigate, charge, or litigate the criminal matter. When we handle a fatal crash or other serious loss, we watch both tracks closely so deadlines and evidence do not slip away.
How long do wrongful death cases usually take?
There is no fixed timeline. Some cases move through insurance talks in a few months, while others take longer because liability is disputed or the evidence is contested.
Several things shape the pace:
Fault disputes can slow everything down
Evidence gathering may take time, especially in complex crashes
Insurance negotiations can stretch out if the carrier lowballs the claim
Court scheduling can add delays if a lawsuit is filed
A case involving a motorcycle crash, for example, may require accident reconstruction, witness interviews, and insurer pushback before any fair settlement is possible. We prepare every case as if it may go to trial, because that pressure often matters in settlement talks. Families should expect steady work, not a rushed promise.
Do families have to pay attorney fees upfront?
Usually, no. At CPIA, wrongful death cases are handled on a contingency fee basis, which means we do not get paid unless we recover compensation.
That structure helps families get legal help without adding another bill during an already painful time. It also means our interests stay aligned with yours, because we want the strongest result we can build.
If a family wants answers, we can review the facts, explain the next step, and talk through the claim at no upfront cost. We invite families to Get a Free Case Review and speak with our Encino team, available 24/7 at (800) 800-8910.
Conclusion
When a loved one dies because of negligence, we need answers fast and a clear plan. The strongest wrongful death claims are built early, while evidence is still available, deadlines are still open, and the right family members can still be identified under California law.
We also need to protect the record from the start. That means preserving reports, witness names, medical records, and insurance information before they fade or get lost. Families may include spouses, domestic partners, children, parents, siblings, and, in some cases, financially dependent stepchildren or a putative spouse, so it helps to have experienced counsel review the facts right away.
At CPIA, we help families across Encino, Los Angeles, and California handle this process with care and focus. If we need guidance on a claim, we can Get a Free Case Review or call us 24/7 at (800) 800-8910, and we will take the next step together.
Circumstances that give rise to a wrongful death claim
- Fatal motor vehicle, truck, motorcycle, bicycle and pedestrian collisions.
- Fatal falls and other injuries caused by an unsafe condition on property.
- Fires, explosions and fatal burn injuries, including those caused by a defective product.
- Workplace fatalities, which may involve a third party in addition to any workers' compensation claim.
- Deaths involving a public entity's vehicle, roadway or facility, which carry the six-month claim deadline.
- Deaths from a defective vehicle component, machine or consumer product.
What has to be proven
A California negligence claim has four elements, set out in CACI 400: the defendant owed the injured person a duty of care, the defendant breached that duty, the breach was a substantial factor in causing harm, and the injured person suffered harm. Ordinary care is the care a reasonably careful person would use in the same situation (CACI 401).
Some rules shift that analysis. Where a statute intended to prevent this kind of harm was violated, negligence may be presumed under Evidence Code § 669 — the violation is treated as negligence unless the defendant shows the conduct was excusable. Where a defect in a product caused the injury, strict products liability applies and no proof of carelessness is required (Greenman v. Yuba Power Products (1963) 59 Cal.2d 57).
The burden of proof in a civil injury case is a preponderance of the evidence (Evidence Code § 115) — more likely than not, which is a lower standard than the criminal one. Whether the deadlines below were met is decided separately from the merits, which is why the dates matter as much as the facts.
Who may bring the claim, and what the family may recover
Code of Civil Procedure § 377.60 lists who may bring a wrongful death action: generally the surviving spouse or domestic partner, the children, and — where there is no surviving issue — the decedent's parents or siblings, along with certain dependents including a putative spouse, stepchildren and parents. The action is a single action, so all entitled heirs must be joined in it rather than filing separately. A minor heir participates through a guardian ad litem, and a settlement affecting a minor requires court approval.
The recoverable losses are described in CACI 3921: the financial support the decedent would have provided, the loss of gifts or benefits the heirs would have expected, funeral and burial expenses, and the reasonable value of household services the decedent would have provided. The heirs may also recover for the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society and moral support. The family's own grief and sorrow are not themselves a separate item of damages, and the value of the claim depends entirely on the evidence about the decedent's earnings, role in the family and circumstances.
A survival action is a separate claim belonging to the decedent's estate and is brought by the personal representative or successor in interest (Code of Civil Procedure § 377.30). It covers the losses the decedent sustained before death — medical expenses and lost earnings — and, where proven, punitive damages. As of January 1, 2026, Code of Civil Procedure § 377.34 again excludes the decedent's own pain, suffering and disfigurement from a survival action, so which claim a loss belongs to affects whether it is recoverable at all.
The deadlines are the ordinary ones, measured from the death: two years to file suit (Code of Civil Procedure § 335.1) and six months to present a written claim to a public entity (Government Code § 911.2). Where a criminal case is proceeding in parallel, the civil deadlines continue to run independently of it.
California deadlines that control the claim
A personal injury action must be filed in court within two years of the date of injury (Code of Civil Procedure § 335.1). Where the claim is against a city, county, transit agency, school district or other public entity, a written claim must first be presented to that entity within six months (Government Code § 911.2); if that period passes, an application to present a late claim must be made within one year of the incident (Government Code § 911.4).
Other filing periods can apply to the same set of facts. A claim for injury caused by a professional's negligence in a medical setting is governed by Code of Civil Procedure § 340.5, and a minor's claim is generally tolled during minority under Code of Civil Procedure § 352 — but that tolling does not extend the six-month government claim period. Where the injured person cannot reasonably have discovered the injury or its cause, the delayed discovery rule may postpone the start of the period (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797).
Missing an applicable deadline generally ends the claim regardless of how strong the underlying facts are, which is why the two dates above are the first thing to establish.
Economic and non-economic damages under California law
California divides compensatory damages into two categories. Economic damages are objectively verifiable monetary losses; non-economic damages are subjective, non-monetary losses (Civil Code § 1431.2(b)). The distinction has a practical consequence: economic damages are joint and several among defendants, while non-economic damages are apportioned to each defendant in proportion to that defendant's own share of fault.
Past medical expenses are limited to the amounts actually paid or still owed for the treatment, not the amount originally billed (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541). Future medical care and future lost earning capacity are recoverable where they are reasonably certain to occur (CACI 3903A, CACI 3903D). Payments the injured person received from their own insurance are generally not deducted from the recovery under the collateral source rule (Helfend v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 1).
Punitive damages are a separate category and are not available in an ordinary negligence case. They require clear and convincing evidence that the defendant acted with oppression, fraud or malice (Civil Code § 3294). What any particular claim is worth depends on the medical records, the wage evidence and the liability proof in that case; no lawyer can promise an amount.
- Economic: emergency and hospital care, surgery, imaging, medication, physical therapy and reasonably certain future treatment.
- Economic: wages already lost, and loss of future earning capacity where the injury limits the ability to work (CACI 3903D).
- Economic: household services that now have to be paid for, mileage to treatment, assistive equipment and home modification.
- Economic: property damage, including the vehicle, a bicycle, a helmet or clothing destroyed in the incident.
- Non-economic: physical pain, mental suffering, anxiety, humiliation, inconvenience, grief and emotional distress (CACI 3905A).
- Non-economic: disfigurement, physical impairment and loss of enjoyment of life, each valued on the evidence rather than a formula.
Los Angeles County context
Most injury actions arising in Los Angeles County are filed in the Superior Court of California, County of Los Angeles, and the court assigns designated personal injury cases to dedicated departments at the Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles. Venue is generally proper where the injury occurred or where a defendant resides (Code of Civil Procedure § 395).
Public entities in the county each have their own claim channel, and the six-month period in Government Code § 911.2 runs regardless of which one applies — a claim arising on a Metro bus or rail line goes to the Los Angeles County Metropolitan Transportation Authority, a claim involving a City of Los Angeles street or sidewalk goes to the City Clerk, and a claim involving a school campus goes to the district. Claims involving Caltrans facilities, including the interstates and state routes that run through the county, are presented to the Department of General Services under Government Code § 915.
Collision and incident reports come from the agency that responded: the Los Angeles Police Department, the Los Angeles County Sheriff's Department, a city police department, or the California Highway Patrol for freeway collisions. The reporting agency determines how the report is requested and how long it takes to become available, which affects how early the evidence in a claim can be reviewed.
Who handles your wrongful death claim case
- Sean Bina, Co-Founder · Trial Partner — handles catastrophic injury litigation
- Case results — Past results do not guarantee or predict a similar outcome in any other case.
- Client testimonials
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