Wrongful Death Lawyer in California
Losing someone because another person was careless is hard enough without having to learn how the legal system works at the same time. At Saeedian Law Group, our California wrongful death lawyer team represents families after a fatal crash or a death at work, and we pursue the claim against whoever caused it. Call us or use the form below to set up a free, confidential case review.
California Wrongful Death Statistics and Legal Insights
Wrongful death touches thousands of California families every year, and traffic crashes are the leading cause. The state had an estimated 4,061 traffic fatalities in 2023, according to the U.S. Department of Transportation. Work is dangerous too: California recorded about 439 work-related deaths that same year. Many of these deaths happen on highways and job sites in the big metro areas, like Los Angeles, San Diego and the Bay Area.
Behind each of those numbers is a family that now has to deal with insurers, deadlines and court rules while grieving. Our wrongful death attorneys in California take that work on, explain your options in plain language, and bring the claim against the people or companies responsible.
Common Causes of Wrongful Death in California
Most of the wrongful death cases we see start with an accident that didn’t have to happen. The type of accident matters, because it shapes who can be held responsible and what evidence has to be secured early.
Car Accidents
Most fatal car crashes come down to how someone drove. We get the police report, ask for dashcam and traffic-camera footage before it is recorded over, and check whether another driver or an employer shares the blame.
Motorcycle Accidents
A crash that would dent two cars can kill a motorcyclist. Insurers often try to blame the rider, and accident reconstruction, built from skid marks, vehicle damage and witness accounts, is how we answer that.
Pedestrian Accidents
Many fatal pedestrian crashes happen in or near a crosswalk, when a driver fails to yield. Poor lighting or a badly marked intersection can also point to a city or county, which brings in the shorter government claim deadline explained below.
Truck Accidents
A loaded big rig can weigh 80,000 pounds. When one causes a death, the claim may reach the driver, the trucking company, a loading contractor or a repair shop. Driver logs and maintenance records usually show who is responsible.
Bus Accidents
If a public agency runs the bus, a written claim has to be presented within six months, before any lawsuit can be filed. Private shuttles and charter buses follow the ordinary rules. Either way, these cases can’t sit.
Workplace Accidents
When a worker dies on the job, the family’s claim against the employer usually goes through workers’ compensation death benefits, not a lawsuit. A wrongful death case may still be possible against someone else, such as the maker of a defective machine. We look at both.
Who Can File a Wrongful Death Claim in California
Not every relative can sue. Code of Civil Procedure section 377.60 decides who can bring the claim, either in their own name or through the decedent’s personal representative. It sorts eligible people into three groups.
Spouses, Domestic Partners, Children and Heirs
Under section 377.60(a), the surviving spouse or registered domestic partner, the children, and the descendants of any child who has already died can file. If the person who died left no descendants, the right goes to whoever would inherit their property under California’s intestate succession rules. That may be parents, brothers and sisters, or others. If the parents would qualify but have died, the decedent’s legal guardians can take their place.
Dependent Family Members
Section 377.60(b) adds people who can prove they were financially dependent on the decedent: a putative spouse, that spouse’s children, stepchildren, parents, and legal guardians if the parents have died. A putative spouse is someone whose marriage turned out to be void or voidable but who believed in good faith that it was valid.
Minors in the Household
Section 377.60(c) is narrow. A minor may file if the child had lived in the decedent’s home for the 180 days before the death and relied on the decedent for at least half of their support. The child doesn’t have to be related to the decedent.
In most cases the eligible heirs bring one action together, and under section 377.61 the court decides how any award is divided among them.
Types of Damages in California Wrongful Death Cases
A wrongful death award pays the family for what the family lost. It does not compensate the person who died; that is the job of the survival action, covered below. California’s standard jury instruction, CACI No. 3921, sorts the family’s damages into two groups.
Economic Damages
These are losses with a dollar figure attached: the financial support your loved one would have contributed, gifts or benefits you could have expected from them, the reasonable value of household services they would have provided, and funeral and burial expenses. Future losses are reduced to present cash value, which is why economists often work on these cases.
Non-Economic Damages
These cover the loss of the relationship itself: your loved one’s love, companionship, comfort, care, assistance, protection, affection, society and moral support, and in some cases their training and guidance. Jurors are told not to consider the family’s grief or sorrow, or the decedent’s own pain and suffering. That can feel strange. The jury measures what the relationship gave you, and grief itself is not something the law prices.
Wrongful Death vs. Survival Action in California
When a death is caused by someone else’s wrongful act or neglect, California usually allows two separate claims. They are often filed in the same lawsuit, but they belong to different people and pay for different losses. Section 377.61 keeps them apart: a wrongful death award “may not include damages recoverable under Section 377.34.”
The Survival Action Belongs to the Estate
A claim the person could have brought if they had lived does not end with their death. Under section 377.30, it passes to the decedent’s successor in interest, and the lawsuit is brought by the estate’s personal representative or, if there is none, by the successor in interest.
What the Survival Action Can Recover
Section 377.34(a) limits the estate to “the loss or damage that the decedent sustained or incurred before death.” In practice, that means things like medical bills from the time between the injury and the death, and wages lost during that stretch.
Punitive Damages
Punitive damages belong to the survival action, not the wrongful death claim. Section 377.34(a) lets the estate recover “any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived.” Under Civil Code section 3294, they require clear and convincing proof of oppression, fraud or malice.
Pain and Suffering: The 2022 to 2025 Window Has Closed
For a few years, estates could recover the decedent’s pain, suffering and disfigurement. Section 377.34(b) allowed it only in cases granted trial preference before January 1, 2022, or filed on or after that date and before January 1, 2026. For a survival action filed now, subdivision (a) applies again and those damages are excluded. The wrongful death claim doesn’t cover them either. Some websites still describe the 2022 rule as current, but a case filed today can’t use it.
Deadlines to File a California Wrongful Death Claim
Code of Civil Procedure section 335.1 gives families two years to sue over a death “caused by the wrongful act or neglect of another.” The clock usually starts on the date of death.
Claims against the government move much faster. If a city, county, state agency or transit district may be responsible, Government Code section 911.2 requires a written claim “not later than six months after the accrual of the cause of action,” and section 945.4 bars the lawsuit until that claim is acted on or treated as rejected. Missing the six-month date puts the whole case at risk.
Our Approach to Wrongful Death Cases in California
A lawsuit is rarely the first thing on a grieving family’s mind. We take the legal work off your plate and keep you informed while we build the claim.
Compassionate Support
You’ll have a direct line to your legal team, and we explain each step before it happens.
Thorough Case Evaluation
We start with the records that decide these cases, such as the police report, medical and coroner records, photographs and witness statements. Then we identify every party that may share responsibility.
California Law Expertise
Our attorneys handle claims under California’s wrongful death and survival statutes, from standing under CCP § 377.60 and the two-year deadline in CCP § 335.1 to the six-month government claim rule.
Transparent Communication
You’ll get regular updates and straight answers. If a settlement offer arrives, we go through it with you before any decision is made.
Network of Experts
Depending on the case, we bring in accident reconstruction specialists, medical experts, and economists who can put a number on lost support and household services.
Negotiation with Insurance Companies and Aggressive Litigation if Necessary
We handle every conversation with the insurers. If they won’t offer a fair settlement, we are prepared to file suit and take the case to trial.
Why Choose Us as Your California Wrongful Death Attorney
A wrongful death case draws on personal injury law, probate rules and insurance practice at once. Michael Saeedian, the firm’s founding attorney, has been licensed in California since December 2009 (State Bar No. 265470). You can review past verdicts and settlements on our results page. Past results do not guarantee future outcomes.
We work on a contingency fee basis, which means you pay no attorney fee unless we recover compensation for you. That leaves your family free to focus on each other while we handle the case.
FAQs
Short answers to the questions families ask us most. Every case turns on its own facts, so treat these as a starting point, not legal advice.
How Long Do I Have to File a Wrongful Death Claim in California?
Under the wrongful death statute of limitations in California (CCP § 335.1), you usually have two years from the date of death to file a lawsuit. If a government entity or public employee is involved, a written claim generally has to be presented within six months under Government Code section 911.2, part of the California Tort Claims Act process.
Who Can File a Wrongful Death Lawsuit in California?
Under CCP § 377.60, the surviving spouse or domestic partner, children, and descendants of deceased children come first, followed by intestate heirs if there are none. Certain dependent relatives and dependent minors in the household may also qualify.
How Much Does It Cost to Hire a Wrongful Death Lawyer in California?
Saeedian Law Group handles wrongful death cases on a contingency fee basis. You pay no attorney fee unless we recover compensation for you, so there is nothing to pay upfront.
What if the At-Fault Party Doesn’t Have Insurance in California?
An uninsured at-fault party doesn’t necessarily end the claim. Compensation may come from that person’s assets, from uninsured or underinsured motorist coverage, or from another responsible party, such as an employer.