Irvine Wrongful Death Lawyers

Losing a loved one is always a tragedy, but when it happens due to the careless or intentional act of another, it is particularly devastating. If your loved one lost their life due to another party’s negligence, our wrongful death lawyers are here to help. Contact California Personal Injury Law Firm, APC today for a free consultation.

What Is a Wrongful Death Claim in California?

A wrongful death claim is a civil lawsuit brought by surviving family members or the deceased’s estate against the party whose negligent, reckless, or intentional conduct caused the death. Under California Code of Civil Procedure §377.60, eligible survivors may seek financial compensation for both the economic and emotional losses caused by the death. Unlike a criminal prosecution, a wrongful death claim is pursued in civil court and is entirely separate from any criminal charges that may be filed against the responsible party.

Wrongful Death Lawyers | Here for Families in California

In California, the surviving family members or the deceased’s estate may pursue a wrongful death claim when a person dies as a result of someone else’s negligent, reckless, or intentional act. Wrongful death can occur in a variety of circumstances, such as auto accidents, cases involving premises liability or medical malpractice, and more. Our Orange County personal injury lawyers are steadfast legal advocates for families who have lost their loved ones, and we are prepared to fight for the justice you deserve. Learn more about our firm and our attorneys.

Qualifying for a Wrongful Death Lawsuit

In California, not everyone can file a wrongful death lawsuit. Pursuant to California Code of Civil Procedure §377.60, only certain people who have a close relationship with the deceased are eligible to bring a claim. That being said, it is important to consult with an attorney to determine if you are able to pursue a wrongful death claim for a particular loss.

Who Can File a Wrongful Death Claim in California?

• The surviving spouse or registered domestic partner of the deceased
• The deceased’s children, or issue of deceased children, such as grandchildren
• Any person who was financially dependent on the deceased, including a putative spouse, children of the putative spouse, stepchildren, or parents
• The personal representative of the deceased’s estate, who may bring a related survival action under CCP §377.30 to recover damages the deceased could have claimed had they survived

Common Causes of Wrongful Death in California

Wrongful death claims arise from a wide range of incidents in which another party’s negligence or misconduct played a role. Some of the most common causes our firm handles include:

• Car and motor vehicle accidents caused by distracted, impaired, or reckless drivers
• Commercial truck accidents involving fatigued drivers or overloaded cargo
• Dangerous property conditions such as unmarked hazards, inadequate security, or structural failures
• Medical malpractice, including surgical errors, misdiagnosis, or birth injuries
• Defective products that malfunction and cause fatal injuries
• Workplace and catastrophic accidents caused by an employer’s failure to maintain safe conditions

Compensation Available in Wrongful Death Cases

The compensation available in wrongful death cases depends on the specific circumstances of each case, but it generally includes both economic and non-economic damages. Economic damages are those that can be calculated objectively, including the following:

• Burial and funeral expenses for the deceased person
• Medical bills incurred by the deceased person before death
• Lost income and benefits that the deceased person would have earned in the future
• Loss of gifts or benefits that the plaintiffs would have expected to receive from the deceased person
• Value of the household services that the deceased person would have provided to the plaintiffs

Non-economic damages, on the other hand, are those that are still very real, yet cannot be measured precisely, such as:

• Pain and suffering and disfigurement of the deceased person before death
• Loss of companionship, love, care, guidance, and support that the deceased person provided to the plaintiffs
• Loss of consortium, which is the loss of intimacy with a spouse or partner
• Loss of enjoyment of life and quality of life for both the deceased person and the plaintiffs

Statute of Limitations in California

The statute of limitations for wrongful death cases in California is generally two years from the date of death. This means that you must file your claim within two years of the date of death, otherwise, you will most likely permanently lose your right to do so.

Important Exceptions to the Two-Year Deadline

• Government entities: If the responsible party is a city, county, or state agency, you may have as little as six months to file a California government tort claim before pursuing a lawsuit.
• Minors: If the surviving claimant is a minor, the statute of limitations may be tolled until they reach the age of 18.
• Discovery rule: In some cases where the cause of death was not immediately apparent, the clock may begin when the cause was discovered or reasonably should have been discovered.

Frequently Asked Questions

What is the difference between a wrongful death claim and a survival action in California?

A wrongful death claim is brought by surviving family members to recover their own losses — such as lost financial support and companionship. A survival action under CCP §377.30 is brought on behalf of the deceased’s estate to recover damages the victim could have claimed had they survived. Both claims are often filed simultaneously by our personal injury attorneys.

Can I file a wrongful death claim if the deceased was partially at fault?

Yes. California’s pure comparative fault rule applies to wrongful death cases. If the deceased shared some responsibility for the incident, the total compensation award will be reduced proportionally — but the claim can still proceed. Contact our team to discuss the specifics of your case.

How long does a wrongful death lawsuit take in California?

The timeline varies depending on the complexity of the case, whether liability is disputed, and whether the case settles or goes to trial. Many wrongful death cases in California resolve within one to three years. Cases involving clear liability and cooperation can sometimes settle more quickly.

Is there a cap on wrongful death damages in California?

California does not impose a cap on economic or non-economic damages in most wrongful death cases. However, in cases involving medical malpractice, California Civil Code §3333.2 caps non-economic damages. Assembly Bill 35 replaced the former $250,000 limit with a schedule of annual increases beginning in 2023; as of January 1, 2026, the cap in wrongful death cases is $650,000, rising by $50,000 each January 1 until it reaches $1,000,000 in 2033.

What if the person responsible for the death was also criminally charged?

A criminal case and a wrongful death civil lawsuit are entirely separate proceedings with different burdens of proof. You may pursue a wrongful death claim regardless of whether the responsible party is criminally prosecuted, acquitted, or convicted.

Contact California Personal Injury Law Firm, APC Today

California Personal Injury Law Firm, APC is dedicated to helping families of wrongful death victims get the justice they deserve. If you need an attorney who can effectively fight for you, we invite you to read more about our approach or simply contact us for a free phone consultation today.