Glendale Wrongful Death Attorneys

Who may bring a California wrongful death claim?

Code of Civil Procedure section 377.60 identifies eligible claimants. They can include a surviving spouse or registered domestic partner, children and descendants of deceased children. Other categories depend on inheritance rules, dependency or specified household circumstances.

This is not an exhaustive list. A dependent parent or stepchild, a qualifying putative spouse, or a qualifying minor who lived in the household may require closer review. Eligibility should not be decided from a family label alone. Tell counsel about the full family structure, dependency relationships and any personal representative already appointed.

Multiple eligible people may have interests in the same action. Identify them early so representation and participation can be addressed before a claim is resolved.

Wrongful death and survival claims address different losses

A wrongful death claim addresses qualifying survivors' losses from the death. A survival claim continues a claim the deceased person could have pursued and ordinarily addresses losses incurred before death. Under section 377.30, it is brought by the personal representative or, if none, the successor in interest.

Predeath medical expenses and lost earnings should not simply be listed as the family's wrongful death damages. They may belong in the separate survival analysis. The same expense cannot be recovered twice.

Section 377.34 generally excludes predeath pain, suffering and disfigurement from survival damages. Its temporary exception covers actions filed from January 1, 2022 through December 31, 2025, and certain earlier cases granted preference. A new 2026 filing should not be assumed to qualify. Other statutory exceptions, including certain elder-abuse claims, require separate review.

Document the losses the law recognizes

Potential wrongful death damages include lost financial support, qualifying lost benefits, household services, funeral and burial expenses, and loss of companionship, care or guidance. These categories require evidence and depend on the relationship and circumstances.

California's wrongful death jury instruction distinguishes those losses from survivors' grief, sorrow or mental anguish, which are not damages in the ordinary wrongful death action. A separate claim, if supported, has its own requirements.

Punitive damages are generally unavailable in an ordinary wrongful death claim. Civil Code section 3294(d) creates a narrow exception when the death resulted from a homicide for which the defendant has been convicted of a felony. A separate survival claim may permit punitive damages on qualifying facts under sections 377.34 and 3294. A serious accident alone does not establish those grounds.

Preserve the facts without making the family reconstruct everything

Start with the date, location, agency or facility involved, and what the family has been told. Relevant materials can include incident reports, witness contacts, photographs, medical records, a death certificate and coroner information. Keep the original documents and note which records are still pending.

For family losses, gather available income and support records, funeral invoices, and information about household services or care the person provided. Accurate examples are more useful than a generic description. Keep identifying and medical documents private.

A consultation can identify which missing records matter and who can lawfully request them. Do not wait for every agency investigation to finish before discussing preservation or deadlines.

Check deadlines and special circumstances promptly

California's general wrongful death limitation period is two years, but it is not a universal deadline for every related claim. Accrual rules and exceptions need individual review. Government claims commonly require presentation within six months.

Deaths involving alleged healthcare professional negligence have different timing rules, and special noneconomic-damage limits may apply. A pending criminal matter or an insurer's continuing discussions should not be treated as an automatic extension.

Work-related deaths need coordinated review

California workers' compensation provides death benefits for qualifying dependents after a work-related death. The rules governing claims against the employer differ from a civil claim against an outside responsible party.

It is not simply a choice between taking benefits and suing. Employer claims are generally governed by the exclusive-remedy rule, subject to exceptions, while third-party claims may also exist. Benefits, reimbursement rights and deadlines need coordination. Tell counsel about employment, benefit payments and any other lawyer already handling part of the matter.

What to bring to a free consultation

Bring what you have: basic incident information, family relationships, available records, insurance letters and any court or agency notices. Let the team know who is assisting the family and whether an estate proceeding is open. You can explain urgent questions before assembling a complete file.

If representation is appropriate, the agreement should explain the scope of the work and how attorney fees and case costs are handled. A free consultation does not itself create an attorney-client relationship. Our fees and case-costs guide provides questions to ask before signing.