Wrongful Death & Survivorship Claims
Every day, Californians take to the roads—whether by car, motorcycle, bicycle, or foot—trusting that others will drive responsibly. But when that trust is broken, the consequences can be life-altering. From devastating car crashes to pedestrian collisions, motor vehicle accidents cause physical injuries, emotional trauma, and financial burdens that can overwhelm victims and their families. If you’ve been injured in any type of motor vehicle accident, you may be entitled to compensation—and having an experienced legal team on your side can make all the difference.
Damages Available in a Wrongful Death Case
Wrongful death and survivorship claims serve different legal purposes and provide different types of compensation:
Wrongful Death Claim (For Surviving Family Members)
- Funeral and burial expenses
- Loss of financial support the deceased would have provided
- Loss of love, companionship, comfort, care, and moral support
- Loss of guidance for minor children
- Emotional distress (in some limited contexts)
Survivorship Claim (On Behalf of the Estate)
- Medical expenses incurred before death
- Lost wages or earnings from the time of injury to the time of death
- Property damage or other direct losses
- Pain and suffering (only in limited circumstances, per recent law updates like the California Survival Bill SB 447)
What Constitutes a Wrongful Death?
A wrongful death occurs when a person dies as a direct result of another party’s negligent, reckless, or intentional actions. Surviving family members may pursue a claim under California’s Wrongful Death Statute (Code of Civil Procedure § 377.60), while the decedent’s estate may bring a Survivorship Action under § 377.30.
We represent families in wrongful death cases involving:
Fatal Accidents
These include motor vehicle collisions (car, truck, motorcycle, pedestrian), construction site accidents, and other incidents where someone’s failure to exercise reasonable care resulted in a tragic death.
Medical Malpractice Resulting in Death
Physicians, nurses, hospitals, or healthcare providers may be held liable if substandard medical care or misdiagnosis leads to a preventable death. These cases are subject to specific rules under California’s MICRA law, including damages caps and expert requirements.
Workplace Fatalities
While most job-related deaths fall under California Workers’ Compensation death benefits, in some cases—such as those involving third-party negligence or employer misconduct—a civil wrongful death claim may also be filed.
Who Can File a Claim in California?
Under California law, the following individuals may file a wrongful death claim:
- Surviving spouse or domestic partner
- Children of the deceased
- Parents or stepchildren (under certain conditions)
- Other dependent family members
- A personal representative of the estate (for survivorship actions)
Strict deadlines apply: the statute of limitations for most wrongful death claims in California is two years from the date of death, but shorter timeframes may apply in cases involving government entities or medical malpractice.
Why Legal Representation Matters?
Wrongful death cases are emotionally complex and legally challenging. They often involve multiple parties, insurance disputes, and high financial stakes. Our law firm provides:
- Compassionate support for grieving families
- Aggressive investigation and case preparation
- Access to medical experts, economists, and forensic specialists
- Strategic negotiation and courtroom advocacy
We handle the legal burden so you can focus on healing.
Standing With You in the Face of Loss
Nothing can undo the heartbreak of losing someone you love. But you don’t have to face this tragedy alone. Our team is here to provide strength, clarity, and experienced legal guidance during the most difficult time in your life.
Don't navigate this process alone.
Let us be your advocates in the aftermath of a motor vehicle accident. Contact us today for a free consultation—because your recovery matters.
Frequently Asked Questions
What is a wrongful death claim?
A legal action by survivors seeking compensation for a loved one's death caused by negligence or misconduct.
Who can file a wrongful death lawsuit in California?
Spouses, children, and sometimes other dependents or heirs.
What damages can be recovered?
Funeral expenses, loss of income, companionship, and support.
What is a survivorship claim?
It allows the deceased's estate to recover damages the deceased could have claimed if they had survived.
Is there a time limit to file?
Yes, generally two years from the date of death.
Can multiple family members file separate claims?
Claims are typically consolidated into a single wrongful death action.
What if the deceased had no will?
The estate can still pursue claims, and damages are distributed according to intestate succession laws.
Are punitive damages available?
In cases of egregious misconduct, punitive damages may be awarded.
How are damages distributed among heirs?
Distribution is based on the degree of dependency and state succession laws.
Do I need an attorney for a wrongful death claim?
An attorney can navigate complex legal processes and advocate for rightful compensation.