California Wrongful Death Attorneys
Losing a loved one due to someone else’s negligence or wrongful act is devastating. No amount of compensation can replace the person you have lost, but a wrongful death claim can provide financial security for surviving family members and hold the responsible parties accountable.
At Smilove & Rosenblum APC, we handle wrongful death cases with the compassion and dedication that grieving families deserve. We understand how difficult this time is, and we work to shoulder the legal burden so you can focus on your family.
California Wrongful Death Law
Under California Code of Civil Procedure Section 377.60, a wrongful death action may be brought when a person dies as a result of another’s wrongful act or negligence. The statute identifies who may bring a wrongful death claim, including the deceased’s surviving spouse or domestic partner, children, and grandchildren. If none of those exist, the right passes to anyone who would be entitled to the decedent’s property by intestate succession, which may include parents, siblings, or other relatives.
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Common Causes of Wrongful Death
Wrongful death claims can arise from many circumstances, including fatal car, truck, and motorcycle accidents, pedestrian and bicycle fatalities, medical malpractice, defective products, workplace accidents, premises liability incidents, criminal acts such as assault or DUI manslaughter, and nursing home abuse and neglect. Regardless of the cause, the key legal question is whether the death resulted from another party’s negligent, reckless, or intentional conduct.
Damages in Wrongful Death Cases
California law allows surviving family members to recover compensation for the loss of the decedent’s financial support and future earnings, loss of love, companionship, comfort, care, and guidance, loss of training and mentorship for minor children, funeral and burial expenses, and the reasonable value of household services the decedent would have provided. Additionally, a separate survival action under CCP Section 377.30 may be brought on behalf of the decedent’s estate for damages the decedent suffered before death, including pain and suffering and medical expenses.
Statute of Limitations
The statute of limitations for wrongful death in California is two years from the date of death under CCP Section 335.1. This deadline is strictly enforced, and missing it can permanently bar your claim. Early legal consultation ensures that critical evidence is preserved and all deadlines are met.
Free Consultation
If you have lost a loved one due to someone else’s negligence, our attorneys are here to help. Contact Smilove & Rosenblum APC at (800) 300-3226 or request a consultation online. We handle all wrongful death cases on a contingency fee basis with compassion and dedication.
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Frequently Asked Questions About Wrongful Death Cases
Who can file a wrongful death lawsuit in California?
Under Code of Civil Procedure §377.60, a wrongful death lawsuit can be filed by the deceased person’s surviving spouse or domestic partner, children, or grandchildren (if the children are deceased). If none of these exist, anyone who would be entitled to the property under California intestate succession laws may file. Additionally, putative spouses, children of the putative spouse, stepchildren, and parents may file if they were financially dependent on the deceased.
What damages are available in a California wrongful death case?
Wrongful death damages in California include the financial support the deceased would have provided, loss of love, companionship, comfort, care, assistance, protection, affection, and moral support. Survivors can also recover funeral and burial expenses, the reasonable value of household services the deceased would have provided, and loss of the deceased’s anticipated earnings. Each eligible survivor’s damages are calculated separately based on their individual relationship with the deceased.
How long do I have to file a wrongful death claim in California?
The statute of limitations for wrongful death in California is two years from the date of death under Code of Civil Procedure §335.1. If the death was caused by a government entity, you must file a government tort claim within six months of the date of death under Government Code §911.2. A separate survival action under CCP §377.30 may also be filed for damages the deceased suffered between the time of injury and death.
Mga Madalas Itanong Tungkol sa Wrongful Death
Frequently Asked Questions in Tagalog
Sino ang maaaring mag-file ng wrongful death lawsuit sa California?
Sa ilalim ng Code of Civil Procedure §377.60, ang wrongful death lawsuit ay maaaring i-file ng surviving spouse o domestic partner, mga anak, o mga apo (kung ang mga anak ay pumanaw na) ng namatay na tao. Kung wala sa mga ito, sinumang may karapatan sa property sa ilalim ng California intestate succession laws ay maaaring mag-file. Ang mga putative spouse, stepchildren, at magulang ay maaari ring mag-file kung sila ay financially dependent sa namatay.
Ano ang mga damages na available sa wrongful death case sa California?
Ang wrongful death damages sa California ay kasama ang financial support na ibinibigay sana ng namatay, pagkawala ng pagmamahal, companionship, comfort, pag-aalaga, tulong, proteksyon, at moral support. Maaari ring mabawi ng mga survivors ang funeral at burial expenses, ang halaga ng household services na ibinibigay sana ng namatay, at pagkawala ng anticipated earnings ng namatay.
Paano ninyo tinutulungan ang mga pamilyang Filipino sa wrongful death cases?
Nauunawaan namin kung gaano kahirap ang pagkawala ng isang mahal sa buhay, lalo na sa Filipino culture kung saan napakalapit ng pamilya. Sa Smilove & Rosenblum APC, tinatrato namin ang bawat pamilya na parang sarili naming pamilya. Ang aming Tagalog-speaking team ay sensitibo sa inyong kultura at tradisyon habang pinaglalaban ang hustisya para sa inyong mahal sa buhay. Tumawag sa (800) 300-3226 — 24/7 available kami.