Los Angeles Wrongful Death Attorney

California Wrongful Death Laws

Wrongful death actions in the Golden State are primarily governed by California Code of Civil Procedure Section 377.60. These statutes establish a structured civil process designed to compensate the surviving heirs for the tangible and intangible losses associated with the untimely death of their loved one.

It is vital to understand that a wrongful death lawsuit is completely separate from any criminal proceedings. If a drunk driver causes a fatal crash, the state of California may pursue criminal charges to punish the driver with jail time. Conversely, a wrongful death lawsuit is a civil claim filed directly by the family. The sole purpose of a civil case is to secure financial restitution for the survivors. Furthermore, the burden of proof in a civil case is lower; you must establish liability by a "preponderance of the evidence" (meaning it is more likely than not that the defendant's negligence caused the death), rather than the criminal standard of "beyond a reasonable doubt."

Who Can File a Wrongful Death Lawsuit?

California law limits the individuals who have the legal standing to file a wrongful death claim. Under Code of Civil Procedure Section 377.60, the primary parties eligible to file include:

• The Surviving Spouse or Domestic Partner: The legally recognized partner of the deceased at the time of death.
• Surviving Children: The biological or legally adopted children of the deceased person.
• Grandchildren: Eligible if the deceased person’s children are also deceased.
• Dependent Heirs: Stepchildren, parents, or putative spouses who can mathematically prove they were financially dependent on the deceased individual for shelter or life necessities.

If the deceased individual has no surviving direct line of descendants, California's intestate succession laws dictate that other relatives—such as siblings or parents—may be permitted to bring the action.

Compensation for Wrongful Death

Nothing can truly compensate for the empty chair at your family table, but surviving family members deserve financial security in the wake of an avoidable tragedy. In California, damages are intended to cover the total value of the financial and emotional support the heirs could have reasonably expected to receive if the deceased had lived out their natural life expectancy.

These are split into two core categories:

Economic Damages (Quantifiable Financial Loss)

• Loss of Financial Support: The estimated lifetime earnings, income, and financial benefits the deceased would have reasonably contributed to the household had they survived.
• Funeral and Burial Costs: Complete reimbursement for all reasonable expenses associated with the memorial service, cremation, or burial.
• Prior Medical Expenses: Any medical bills incurred for emergency care, surgeries, or hospitalization between the time of the initial injury and the loved one's passing.

Non-Economic Damages (Intangible Human Hardships)

• Loss of Companionship and Love: Compensation for the profound loss of the deceased’s society, comfort, care, attention, and moral support.
• Loss of Consortium: The unique loss of marital intimacy, companionship, and affection suffered by a surviving spouse or registered domestic partner.
• Loss of Guidance and Training: The invaluable loss of parental training, life guidance, and instruction suffered by surviving children.

Understanding the Difference: Wrongful Death vs. Survival Actions

When building an aggressive legal strategy, our attorneys frequently pair a wrongful death claim with a Survival Action under California Code of Civil Procedure Section 377.30. While a wrongful death claim directly compensates the surviving family members for their unique losses, a survival action is brought on behalf of the deceased person’s estate.

A survival action allows the estate to recover damages that the deceased suffered prior to death. This includes the medical bills incurred immediately after the accident, lost wages up until the time of death, and property damage. Additionally, while punitive damages are not standard in a California wrongful death claim, they can be pursued through a survival action if the defendant's conduct was exceptionally malicious, oppressive, or fraudulent.

Why Experience Matters in Wrongful Death Litigation

Wrongful death cases are among the most emotionally and legally complex claims a family can face, and they often involve well-funded corporate defendants or insurance companies determined to minimize what they pay. CZ Law has spent nearly 30 years litigating serious injury and wrongful death cases throughout Los Angeles, building a track record that includes a $45 million recovery in a wrongful death case involving a drunk driver. That kind of result reflects both trial readiness and a refusal to accept an early, undervalued settlement — the same standard our attorneys bring to every family we represent.