Wrongful Death Lawyer in California
If your family has lost someone because of another’s negligence anywhere in California, we are sorry for your loss. A wrongful death claim must generally be filed within two years of the date of death — and a government claim within as little as six months if a public entity was involved. We can explain your family’s options whenever you are ready.
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California legal deadlines
In California a family generally has
2years
from the date of death to file a wrongful death lawsuit (Code of Civil Procedure § 335.1)
6months
to present a written government claim when a public entity or public employee is responsible (Government Code § 911.2).
Deaths caused by medical negligence follow different and shorter deadlines, so those cases should be reviewed early. In every case, the two-year period is counted from the date of death, which may be later than the date of the injury.
If a city, county, state agency or public employee was involved — a government vehicle, a public road condition, a public building — the six-month government claim deadline applies first, long before the two-year period you may have heard about.
Nothing about a claim has to be decided in the first days. But these deadlines do not move for grief, and it helps to know early which one applies to your family.
Two Different Claims Arise When Someone Dies
When a person is killed by someone else’s negligence or wrongful act, the family is left with the loss itself and, soon after, with paperwork, bills and calls they did not ask for. Most families are still making arrangements when the first insurance letter arrives.
California law responds to a death like this with two separate cases. The wrongful death claim belongs to the family. It covers what they have lost: financial support, household services, funeral and burial costs, and the companionship and care of the person who died.
The survival action belongs to the estate. It covers what the person themselves lost between the injury and the death, such as medical bills and lost earnings. The two are usually brought together, but they have different owners and different damages.
Families are often told they have “a wrongful death case” as though it were one thing. Keeping the two claims separate matters, because who may bring each one, and what each one can recover, are set by statute rather than by what seems fair.
Insurers know those rules well. An early call, a request for a statement or an offer of an “advance payment” is an opening position, not a verdict. Nothing needs to be signed to preserve your family’s rights, and a release signed too early can close the claim for good.
California Wrongful Death Rules That Decide a Family’s Claim
| Rule | What California law requires |
|---|---|
| Deadline to file suit | Generally 2 years from the date of death (Code of Civil Procedure § 335.1). The period runs from the death, not from the earlier injury. |
| Claims involving a public entity or employee | A written claim is generally due within 6 months (Government Code § 911.2). If the claim is formally rejected, suit must usually follow within 6 months of the rejection notice (§ 945.6). This covers government vehicles, public employees and dangerous conditions of public property. |
| Deaths caused by medical negligence | These cases follow different and shorter deadlines than the general two-year rule, so they should be reviewed quickly rather than assumed to fit the usual period. |
| Who may bring the claim | The surviving spouse, domestic partner, children and the issue of deceased children; if there are none, those who would be entitled to the property by intestate succession. Putative spouses, stepchildren and parents may qualify if they were financially dependent on the person who died (Code of Civil Procedure § 377.60). |
| One action for all heirs | California requires the wrongful death claim to be brought as a single joint action. The heirs are identified and coordinated at the outset rather than filing separately. |
| What the family can recover | Financial support the person would have provided, the value of household services, funeral and burial expenses, and the loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support (Code of Civil Procedure § 377.61). |
| What the family cannot recover | The family’s own grief and sorrow are not compensable as such, and punitive damages are generally not available in the wrongful death claim itself, although they may be available through the survival action. |
| The survival action | Brought by the personal representative or successor in interest for the person’s own losses before death — medical expenses, lost earnings and, where the conduct warrants it, punitive damages (Code of Civil Procedure §§ 377.30, 377.34). |
| If the person who died was partly at fault | California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). The recovery is reduced by that person’s share of responsibility rather than barred. |
| If an heir is a minor | The two-year deadline is generally paused for a child until the child turns 18 (Code of Civil Procedure § 352). Government claim deadlines are treated differently and should not be assumed to pause, and because the heirs proceed in one action, a family should not plan around this rule. |
Common Causes of Wrongful Death Cases in California
Wrongful death is not a type of accident. It is the claim the law gives a family when a death was caused by someone else’s negligence or wrongful act. Most of these cases begin the same way an injury case does and change character when the injuries prove fatal.
Fatal car, truck and motorcycle collisions
Road collisions are the cause we see most often. The investigation is the same as in any serious crash — the police or CHP report, vehicle data, witnesses, phone records — but the people bringing the claim are the family rather than the person who was hurt.
Pedestrian and bicycle fatalities
People on foot or on a bicycle have no protection in a collision. These cases often turn on speed, visibility, right of way and whether the crossing or roadway itself was reasonably safe.
Commercial vehicle and work zone crashes
When a big rig, delivery vehicle or bus is involved, there is usually an employer, more than one insurance policy and company records that need to be preserved early. A written preservation demand can freeze records held by a company.
Fatal falls and unsafe property conditions
Falls from height, broken stairs, missing railings and other unsafe conditions can be fatal, particularly for older adults. The central question is what the property owner knew, or should have found through reasonable inspection, and failed to repair or warn about.
Drowning and pool incidents
Drownings at apartment complexes, hotels, private homes and public pools raise questions about fencing, gates, supervision and safety equipment. Children are too often the ones lost.
Fires, electrocution and unsafe equipment
Deaths from fires, electrical faults and dangerous equipment may involve a landlord, a contractor, an equipment owner or a manufacturer. Physical evidence should not be repaired, returned or discarded before it can be examined.
Negligent security and violent assaults on premises
When a person is killed in an assault on someone else’s property, the owner or operator may share responsibility if reasonable security measures were not in place. This is a separate question from any criminal case against the attacker.
Dangerous conditions of public property
Sometimes the defendant is a public entity: a missing sign, a defective road design, an unrepaired hazard (Government Code § 835). These claims carry the six-month deadline, which is why they are so often lost.
Defective products and machinery
A defective vehicle part, tool, machine or consumer product can cause a death even when everyone involved was being careful. Keeping the product itself, in the condition it was in, is the first and most important step.
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Losses a Family Can Claim After a Wrongful Death
No amount of money answers a loss like this, and the law does not pretend otherwise. What it does is list specific losses a family may claim. California divides them into an economic side and a non-economic side.
Lost financial support
The financial support the person would have provided to the family over a working lifetime. This is usually established with an economist and the family’s own records, such as pay stubs and tax returns.
Household services
The value of what the person did at home — childcare, cooking, maintenance, caregiving. These contributions are real losses under California law even though no one was paid for them.
Funeral and burial expenses
Funeral and burial costs are recoverable as part of the wrongful death claim. Keep the invoices and receipts as they arrive.
Love, companionship and comfort
The loss of the person’s love, companionship, comfort, affection and society (Code of Civil Procedure § 377.61). This side of the claim is established with the people who knew the family, not with documents.
Care, protection and guidance
The loss of the care, assistance, protection and moral support the person gave. For children who have lost a parent, this is often the heart of the claim.
Medical bills and lost earnings before death
Losses the person suffered between the injury and the death belong to the estate and are claimed in the survival action (Code of Civil Procedure §§ 377.30, 377.34), usually alongside the family’s claim.
Punitive damages
Punitive damages are generally not available in the wrongful death claim itself. Where the conduct warrants it, they may be available through the survival action.
What is not compensated
The family’s own grief and sorrow are not separately compensable under California law. That is hard to hear, and it is one reason the other categories need to be documented with care.
After a death in California: what the family can do
Take care of your family first
Nothing about a claim needs to happen in the first days. Nearly everything can be reconstructed later.
Keep the documents that arrive
Hospital records, the coroner or medical examiner’s paperwork, the police or CHP report number, funeral invoices and any insurance letters. A single folder or box is enough.
Do not sign anything from an insurer
Releases and “advance payments” offered early can close the claim permanently. Nothing needs to be signed to preserve your rights.
Do not give a recorded statement
You are not required to give another party’s insurer a recorded statement. It is reasonable to say the family is not ready to talk and to end the call.
Preserve physical evidence
Vehicles, equipment, clothing and phones should not be repaired, returned or discarded. A written preservation demand can freeze records held by a company.
Find out whether a public entity is involved
A government vehicle, a public road condition or a public employee shortens the deadline to roughly six months (Government Code § 911.2).
Note who the close family members are
The spouse or domestic partner, children, and anyone who depended on the person financially. California expects the heirs to bring one claim together, so it helps to know early who they are.
Set aside financial records
Pay stubs, tax returns and a simple list of what the person did for the household. These are what an economist uses to document the support and services lost.
Call when you are ready
A first conversation at (310) 694-8999 costs nothing and creates no obligation. Speaking with a lawyer before accepting any offer protects the family’s options.
Speak With a California Wrongful Death Lawyer Today
If you have lost a family member because of someone else’s negligence in Los Angeles or anywhere in California, you do not have to work through the legal side alone. Akhavan Law Firm can review what happened, explain who may bring a claim and what it covers, and help your family decide on the next step.
Call +1 310-694-8999 to request a free consultation with a California wrongful death lawyer. There is no obligation, and early guidance can make it easier to preserve evidence, manage insurance communication, and keep the legal deadlines from adding to what your family is carrying.
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Schedule a Free Consultation with a California Wrongful Death Lawyer
You do not have to face the legal questions alone after losing a loved one to negligence. Akhavan Law Firm can review the case, explain your family’s options, and help you take the next step when you are ready.
No Win, No Fee — How Our Contingency Fee Works
You pay us nothing up front. Our fee is a percentage of what we recover for you, and if we recover nothing, you owe us no attorney’s fee.
California requires contingency fee agreements to be in writing and to state the fee rate, how costs affect your recovery, and that the rate is negotiable and not set by law (Business & Professions Code § 6147). You receive a signed copy before we begin.
We also explain case costs plainly — filing fees, records, expert witnesses — and how they are handled, before you decide whether to hire us. The consultation itself is free, with no obligation to proceed.
Working with our firm
We are a California personal injury firm led by founding attorney Edwin Akhavan, California State Bar #270338. We handle wrongful death claims across the state, alongside disputed liability and catastrophic injury matters. Our main office is in Beverly Hills and we keep offices throughout California, so a local meeting is usually possible without a long drive. We work with clients in English and Spanish.
Wrongful Death Help Across California
This page covers the statewide rules. For the courts and local agencies where your family’s case would be handled, start with the office closest to you.
Related practice areas
A wrongful death claim usually grows out of a particular kind of incident, and each has its own rules. If your family’s loss involved one of these, that page will be more specific:
Reviewed by Edwin Akhavan, Founding Attorney, California State Bar #270338
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Common questions answered
Losing a family member because of someone else’s negligence leaves grief and practical questions side by side: who may bring a claim, what it covers, and how long there is to act. Below are plain answers to the questions we hear most from families across California. They are general information; a free consultation is the place to talk about your own family’s situation.
Wrongful Death Questions Families Ask
Who can file a wrongful death lawsuit in California?
Code of Civil Procedure § 377.60 lists the surviving spouse or domestic partner, the children, and the issue of deceased children. If none of them survive, the claim passes to the people entitled to the person’s property by intestate succession.
Putative spouses, stepchildren and parents may also qualify if they were financially dependent on the person who died.
How long do we have to file a wrongful death claim in California?
Generally two years from the date of death (Code of Civil Procedure § 335.1). If a public entity, public employee or dangerous condition of public property is involved, a government claim is generally due within six months (Government Code § 911.2). Deaths caused by medical negligence follow separate and shorter deadlines, so those cases should be reviewed quickly.
What is the difference between a wrongful death claim and a survival action?
The wrongful death claim belongs to the family and compensates their losses — financial support, household services, funeral costs, and the loss of companionship and care.
The survival action belongs to the estate and compensates losses the person suffered before dying, such as medical bills, lost earnings and, where the conduct justifies it, punitive damages. Both are usually brought together.
What damages can the family recover?
Under Code of Civil Procedure § 377.61, the family may recover the financial support the person would have provided, the value of household services, funeral and burial expenses, and the loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support. The family’s own grief and sorrow are not separately compensable under California law.
What if our loved one was partly at fault?
The claim is not barred. California follows pure comparative fault, so the recovery is reduced by the person’s percentage of responsibility rather than eliminated. If your loved one is found 30% at fault, the claim still supports 70% of the damages. Insurers often push for a larger share of blame than the evidence supports, which is one reason to have the facts documented.
Do several family members each file their own case?
No. California requires the wrongful death claim to be brought as a single joint action. The heirs are identified at the outset and proceed together rather than filing separately, which is why it helps to know early who the eligible family members are.
Do we have to open a probate estate?
Often a full probate is not required. A survival action is brought by the personal representative or, more commonly, by a successor in interest using a statutory declaration. We handle those steps as part of the case and tell you in advance if a probate filing is genuinely necessary.
How long does a wrongful death case take?
It varies with the complexity of liability and the number of parties and policies involved. Cases with clear liability and a single insurer can resolve in months, while those requiring reconstruction, expert analysis or litigation against a public entity or company generally take longer.
We give you a realistic range once the investigation is underway rather than at the first call.
What does it cost to hire Akhavan Law Firm?
Nothing upfront. We work on a contingency fee, so we are paid only if we recover money for the family. There is no hourly billing and no fee if we do not win. The consultation is free, and we can meet you at the office or at your home.
Do you help Spanish-speaking families?
Yes. Se habla español. Our team handles consultations, documents and case updates in Spanish, and this page is also available in Spanish.
Areas We Serve
Akhavan Law Firm APC handles wrongful death claims throughout California. Our headquarters is in Beverly Hills and we have eleven more offices across the state, so your family can meet an attorney close to home. Visit the office nearest you or call us today to speak with us.