Wrongful Death Lawyers in Southern California

How Wrongful Death Compensation Is Distributed Among Family Members

Once a wrongful death settlement or verdict is reached, California law generally directs that proceeds be distributed among eligible surviving family members based on their relationship to the deceased and the extent of their financial and emotional dependence. This can sometimes create disagreement among family members about how compensation should be divided, particularly in blended families or when multiple heirs are involved.

Having experienced legal counsel helps ensure this process is handled fairly and in accordance with California law, reducing the potential for family conflict during an already difficult time. Our attorneys work directly with families to structure fair, transparent distribution and can help mediate disagreements if they arise.

Wrongful Death vs. Survival Actions: What's the Difference?

California law actually allows for two distinct types of claims following a fatal accident, and understanding the difference matters for anyone considering legal action:

• Wrongful Death Claims compensate surviving family members for their own losses resulting from a loved one's death, such as lost financial support, loss of companionship, and funeral expenses. These damages belong to the surviving family, not the deceased's estate.
• Survival Actions allow the deceased's estate to recover damages the victim could have claimed had they survived, such as pain and suffering endured between the injury and death, medical expenses incurred before death, and lost wages up to the date of death.

In many cases, both a wrongful death claim and a survival action can be pursued simultaneously, since they compensate for different types of losses. Our attorneys evaluate every case to determine which claims apply and make sure families aren't leaving compensation on the table by pursuing only one avenue of recovery.

Criminal Charges vs. a Civil Wrongful Death Claim

Many families are unsure how a wrongful death claim relates to any criminal charges that may be filed against the at-fault party, such as in cases of DUI or reckless conduct. It's important to understand that these are two separate legal processes:

• Criminal cases are brought by the state and can result in penalties like jail time or fines, but they do not provide direct financial compensation to the victim's family.
• Civil wrongful death claims are brought by the family and are focused specifically on securing financial compensation for their losses.

A criminal conviction is not required to pursue a wrongful death claim, and the civil case can move forward even if criminal charges are never filed, are dropped, or result in an acquittal, since the burden of proof in civil court is lower than in criminal court. Our attorneys often coordinate with the outcomes of parallel criminal proceedings, using any available findings to strengthen the civil case wherever possible.

Frequently Asked Questions About Wrongful Death Claims

How long do I have to file a wrongful death claim in California?

California generally requires wrongful death claims to be filed within two years of the date of death, though exceptions may apply in certain circumstances, such as claims involving government entities, which often have significantly shorter filing windows. Because evidence can be lost and witness memories fade quickly, it's best to consult our firm as soon as possible.

What if more than one family member wants to file a claim?

California generally requires that all eligible heirs join together in a single wrongful death action rather than filing separate claims. Our attorneys help coordinate this process, ensuring every eligible family member's interests are represented and that the claim reflects the full scope of the family's collective loss.

Can I still file a claim if the at-fault party has passed away or fled?

Yes, in many cases. If the at-fault party has died, a claim may be pursued against their estate. If they've fled or cannot be located, our team can explore other avenues of recovery, including uninsured motorist coverage or claims against third parties who may share liability.

Do I need a police report or criminal investigation to file a wrongful death claim?

While a police report or investigation can support a claim, it isn't strictly required to pursue a wrongful death case. We conduct independent investigations, often working with accident reconstruction specialists and medical experts, to establish liability even in cases where law enforcement findings are limited or inconclusive.