Seeking Justice and Accountability After the Loss of a Loved One

No legal case can undo the loss of someone you love. But when that loss was caused by another person’s negligence, recklessness, or intentional misconduct, California law provides surviving family members with the right to seek accountability and compensation. Wrongful death claims exist to help families recover from the financial devastation that follows an unexpected death and to hold responsible parties accountable for the harm they caused.

When Wrongful Death Claims Apply

A wrongful death claim can be filed when a person dies as a result of another party’s wrongful act or negligence. Common situations that give rise to wrongful death claims include fatal car, truck, and motorcycle accidents, medical malpractice, defective products, workplace accidents, criminal acts, and premises hazards. The claim is brought by the decedent’s surviving family members or the personal representative of the estate.

Who Can File a Wrongful Death Claim in California

Under California Code of Civil Procedure Section 377.60, the following individuals have the right to file a wrongful death claim: the surviving spouse or domestic partner, surviving children, and if there is no surviving spouse or children, anyone who would be entitled to the decedent’s property under California’s intestate succession laws, including parents and siblings. Individuals who were financially dependent on the decedent—including putative spouses and stepchildren—may also have standing to file.

Compensation Available

Wrongful death damages in California are divided into two categories. The wrongful death claim itself compensates surviving family members for loss of the decedent’s financial support and contributions, loss of love, companionship, comfort, and guidance, loss of training and moral guidance for minor children, and funeral and burial expenses. A separate survival action may be filed on behalf of the decedent’s estate for damages the decedent experienced between the time of injury and death, including pain and suffering, medical expenses, and lost earnings during that period.

Losing a loved one is devastating. If that loss was caused by someone else’s actions, your family has the right to pursue justice and financial security. Beverly Wilshire Law APC can guide you through the legal process with compassion and determination. Call (310) 424-5566 or email info@bevwilshire.com for a free consultation—we’re here to guide you in the right direction.