A California wrongful death lawyer represents eligible surviving family members when a person's death results from another party's wrongful act or negligence. Claims may arise from fatal vehicle crashes, medical negligence, unsafe property conditions, workplace incidents, or defective products. An attorney can investigate liability, identify who has the right to sue, calculate recoverable damages, handle insurance disputes, and represent the family in court.
California Code of Civil Procedure Section 377.60 identifies who may bring a wrongful death action. Eligible claimants commonly include:
The evidence required depends on the cause of death and the parties involved. Evidence may include:
Consider contacting an attorney when:
When choosing attorneys, consider:
Who can sue for wrongful death in California?
Eligible claimants commonly include surviving spouses, domestic partners, children, and certain other relatives or dependents who meet California's statutory requirements.
Can adult children file a wrongful death claim?
Yes. Adult children may generally qualify to bring a wrongful death claim for a deceased parent under California law.
Can a wrongful death claim involve medical malpractice?
Yes. A death caused by legally actionable medical negligence may support a wrongful death claim, subject to applicable medical malpractice rules and deadlines.
What is the difference between wrongful death and a survival action?
Wrongful death compensates eligible survivors for qualifying losses arising from the death. A survival action continues certain legal claims belonging to the deceased person.
How long do families have to file a wrongful death claim?
Many California wrongful death claims generally have a two-year deadline, but medical malpractice, government-related claims, and other circumstances can involve different rules.
When should I contact a wrongful death attorney?
Consider legal advice promptly when negligence is suspected, responsibility is disputed, significant financial losses exist, or important evidence and filing deadlines require attention.