Best Wrongful Death Lawyers in California
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List of the best lawyers in California, United States

Bisnar Chase Personal Injury Attorneys, LLP
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About Wrongful Death Law in California, United States
Wrongful death law in California allows the survivors of a deceased person to pursue compensation when their loved one's death was caused by another party's wrongful act or negligence. This area of law gives grieving families the right to seek financial recovery for the losses resulting from the death, such as loss of financial support, companionship, and funeral expenses. Wrongful death claims are civil lawsuits and are separate from any criminal case that may also be pursued by the state in connection with the death.
Why You May Need a Lawyer
Losing a loved one due to someone else's actions is not only emotionally devastating but can also create financial burdens. People often need legal help with wrongful death cases in the following situations:
- The death arose from a car accident, workplace accident, medical malpractice, defective product, or criminal conduct.
- There are complex insurance issues or multiple parties involved.
- The responsible party or their insurance company denies liability or offers an insufficient settlement.
- There are disputes among family members or eligible survivors about who can file a claim or how any recovery will be divided.
- Calculating damages involves lost future earnings or emotional suffering, which require legal expertise to document and prove.
Having a knowledgeable wrongful death lawyer can help ensure your rights are protected, evidence is properly gathered, and you receive the fullest compensation the law allows.
Local Laws Overview
In California, wrongful death is covered under the California Code of Civil Procedure section 377.60. Key aspects of these local laws include:
- Who Can Sue: Typically, the deceased's surviving spouse, domestic partner, children, or, in some cases, other dependents or heirs can file a wrongful death claim.
- Statute of Limitations: You generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline usually results in losing the right to sue.
- Bases for Claims: A claim may arise from negligence (like a car accident), intentional acts (such as assault), or strict liability (such as defective products).
- Damages: Recovery can include economic damages (lost financial support, funeral costs) and non-economic damages (loss of companionship, guidance, and affection).
- Burdens of Proof: The claimant must show by a preponderance of the evidence that the wrongful conduct caused the death and resulted in compensable loss.
Frequently Asked Questions
What is a wrongful death claim?
A wrongful death claim is a civil lawsuit brought by family members or dependents against an individual or entity whose negligence or intentional act caused their loved one's death.
Who is eligible to file a wrongful death lawsuit in California?
Generally, the surviving spouse, domestic partner, children, or other financially dependent individuals can file a wrongful death lawsuit. In some cases, parents or siblings may qualify if they can prove dependence or eligibility as heirs.
What damages can be recovered in a wrongful death case?
Recoverable damages include financial support the deceased would have provided, funeral and burial expenses, loss of companionship and emotional support, and, in some cases, the value of household services.
Is there a time limit for filing a wrongful death lawsuit?
Yes, under California law, a wrongful death lawsuit must generally be filed within two years of the date of death. Failing to do so may prevent you from pursuing your claim.
What is the difference between wrongful death and survival action?
A wrongful death claim compensates family members for their personal losses, while a survival action seeks damages the deceased could have claimed for injuries suffered before death. Often, both types of claims are filed together.
Do wrongful death cases go to trial?
Many wrongful death cases settle out of court, but some do go to trial if the parties cannot agree on liability or damages.
Can a wrongful death claim be filed if the responsible party faces criminal charges?
Yes, wrongful death claims are civil actions and are independent of any criminal case. You can file a civil claim even if there is a criminal case, and the standard of proof is different.
How is causation proven in a wrongful death case?
You must show that the defendant's negligence or wrongdoing was a substantial factor in causing the deceased's death, typically using evidence like witness testimony, expert opinions, and documentation.
What if multiple people are responsible for the wrongful death?
All responsible parties can be named in a wrongful death lawsuit, and liability can be apportioned according to their respective roles in causing the death.
Do I need a lawyer to file a wrongful death claim?
While it is not legally required, hiring a lawyer is highly recommended because these cases are complex and insurance companies often try to minimize payouts. An attorney can help maximize recovery and handle all necessary legal procedures.
Additional Resources
For further help and guidance, you can contact or review information from the following resources:
- California Courts Self-Help Center: Guidance on civil lawsuits and statewide legal resources
- State Bar of California: Find wrongful death specialists and attorney referral services
- California Department of Consumer Affairs: Advice on hiring attorneys and your rights
- Local county law libraries: Free access to legal materials and community workshops
Next Steps
If you believe you have a wrongful death claim:
- Document as much evidence as possible, including police reports, medical records, witness contact information, and financial records related to the deceased.
- Consult with an experienced wrongful death attorney to evaluate your case. Many offer free consultations and work on a contingency basis, meaning you pay only if you recover damages.
- Be mindful of strict filing deadlines. Act quickly to protect your rights and preserve evidence.
Remember, facing a wrongful death claim can be overwhelming. Seeking qualified legal advice is the best way to ensure your family’s interests are represented and your claim is filed properly under California law.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.