Not every tragic loss qualifies as a wrongful death under California law. A wrongful death occurs when negligence, recklessness, or intentional misconduct causes someone’s death. These cases combine both legal and human dimensions, as they require proof of liability while recognizing the profound emotional toll on the family. 

Examples of incidents that may give rise to a wrongful death claim include: 

• Car, truck, motorcycle, and pedestrian accidents. 

• Collisions involving Uber, Lyft, and other rideshare services. 

• Workplace accidents, particularly in dangerous industries such as construction. 

• Defective products, including unsafe vehicles or consumer goods. 

• Acts of violence or intentional misconduct. 

Who Can File a Wrongful Death Claim in California? 

California law limits who may bring a wrongful death lawsuit. Typically, those closest to the deceased are given the right to file to ensure that the family’s best interests are protected. 

Eligible parties include: 

• A surviving spouse or domestic partner. 

• Children of the deceased. 

• Stepchildren or other dependents who relied on the deceased for support. 

• Parents of the deceased if no spouse or children exist. 

• Other heirs who would inherit under California’s intestacy laws. 

Types of Damages Available in Wrongful Death Cases 

Compensation in wrongful death cases is intended to address both the financial and personal losses families endure after a tragedy. While no amount of money can truly replace a loved one, damages can provide stability and accountability. 

Damages may include: 

Economic Damages 

• Funeral and burial expenses. 

• Loss of the financial support the deceased would have provided. 

• Value of household services the deceased contributed. 

• Loss of benefits such as health insurance or retirement contributions. 

Non-Economic Damages 

• Loss of companionship, love, and affection. 

• Loss of guidance, moral support, and care. 

• Emotional suffering endured by surviving family members. 

Proving Liability in a California Wrongful Death Case

To succeed in a wrongful death claim, families must demonstrate that another party’s negligence or misconduct caused their loved one’s death. This often requires extensive evidence, expert testimony, and skilled legal strategy. 

Key elements of a wrongful death case include: 

• Establishing a duty of care owed by the responsible party. 

• Showing that the duty was breached through negligence, recklessness, or intentional misconduct. 

• Proving that the breach directly caused the death. 

• Demonstrating the losses suffered by surviving family members. 

Insurance companies and corporations often fight aggressively to minimize payouts in wrongful death cases, which is why working with an experienced California wrongful death attorney is critical. 

Statute of Limitations for California Wrongful Death Claims 

California law sets strict deadlines for filing wrongful death lawsuits. In most cases, families have two years from the date of death to file a claim. If the case involves a government entity, the deadline may be much shorter—often just six months. Missing these deadlines can permanently prevent families from pursuing compensation, making it essential to act quickly.