Wrongful Death

The unexpected death of a loved one can leave a family facing profound emotional loss, unanswered questions, and significant financial uncertainty. When another person, business, health care provider, property owner, government agency, or other entity caused or contributed to the death, the responsible parties should be held accountable.

 

The Westmoreland Law Firm represents families pursuing wrongful-death and related survival claims throughout California. We approach these cases with compassion for the family, careful attention to the evidence, and determined advocacy against the individuals, corporations, insurers, and public entities responsible for the loss.

 

No financial recovery can replace a loved one. A wrongful-death action can, however, provide accountability, financial security, and meaningful legal redress for the family members left behind.

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WHAT IS A WRONGFUL-DEATH CLAIM?

A wrongful-death claim may arise when a person dies because of another party’s negligent, reckless, or intentional conduct. The claim belongs to certain surviving family members and is intended to compensate them for the financial and personal losses caused by the death. The family must generally establish that the defendant owed a legal duty, violated that duty, caused the death, and caused legally recoverable damages. Wrongful-death cases may arise from:

• Automobile, motorcycle, pedestrian, and bicycle collisions

• Commercial trucking and rideshare collisions

• Dangerous property conditions and inadequate security

• Nursing-home neglect, elder abuse, and dependent-adult abuse

• Medical negligence and health care facility misconduct

• Defective or dangerous products

• Workplace and construction incidents involving responsible third parties

• Toxic exposure and environmental hazards

• Negligent hiring, supervision, training, or retention

• Dangerous conditions of public property

• Police misconduct and other government-related incidents

• Assaults and other intentional acts

 

Each case requires an independent investigation. More than one person or entity may share responsibility for the death.

 

WHO MAY FILE A WRONGFUL-DEATH CLAIM IN CALIFORNIA?

California law limits who may bring a wrongful-death claim. Depending on the family structure and circumstances, eligible claimants may include:

• The surviving spouse or registered domestic partner

• The decedent’s children

• The children of a deceased child of the decedent

• Certain persons who would inherit from the decedent if there are no surviving children or other direct descendants

• Certain dependent parents, stepchildren, putative spouses, or children of a putative spouse

• Certain dependent minors who lived in the decedent’s household

• The personal representative of the decedent’s estate acting on behalf of eligible heirs

 

Eligibility is not always determined by who was emotionally closest to the decedent. It depends on California statutes, dependency, family relationships, and intestate succession law. All potentially eligible heirs should be identified at the beginning of the case. A person should not assume that they qualify—or that they are excluded—without obtaining a legal evaluation.

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WHAT COMPENSATION MAY BE RECOVERED?

The damages available depend on the evidence, the relationship between the claimant and the decedent, the decedent’s anticipated life expectancy, and the circumstances surrounding the death.

 

Recoverable economic losses may include:

• Funeral and burial expenses

• Loss of the financial support the decedent would have contributed

• Loss of gifts or benefits the family reasonably expected to receive

• Loss of household services provided by the decedent

• Other measurable financial losses caused by the death

 

Recoverable noneconomic losses may include the loss of the decedent’s:

• Love

• Companionship

• Comfort

• Care

• Assistance

• Protection

• Affection

• Society

• Moral support

• Training and guidance

 

A surviving spouse or domestic partner may also have a claim for the loss of marital or intimate relations.

There is no universal formula for measuring these losses. A strong presentation may require employment and tax records, financial analysis, testimony from relatives and friends, photographs, videos, correspondence, and other evidence demonstrating the decedent’s role within the family. Special limitations may apply to claims involving medical negligence, government entities, or other regulated defendants.

 

WRONGFUL DEATH AND SURVIVAL ACTIONS ARE DIFFERENT

A wrongful-death claim compensates eligible surviving family members for their own losses resulting from the death.

A survival action addresses legal claims that belonged to the decedent before death. Those claims may be pursued by the personal representative of the estate or, in appropriate circumstances, the decedent’s successor in interest.

 

A survival action may seek compensation for losses the decedent sustained before death, including certain medical expenses, lost earnings, property damage, and other damages permitted by law. The available recovery depends on the nature of the underlying claim and the applicable statutes. Wrongful-death and survival claims frequently arise from the same incident and may be pursued together. Probate administration is not necessarily required in every case, but the proper claimant and procedural requirements must be evaluated promptly.

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HOW LONG DOES A FAMILY HAVE TO FILE?

California generally provides a two-year limitations period for a wrongful-death action. That general rule does not apply in every case. Claims involving a city, county, public school district, police department, public hospital, transportation agency, or another government entity frequently require a written government claim to be presented within six months. Medical-negligence cases and certain other claims may also be subject to specialized deadlines.

 

Waiting can permanently impair a family’s rights. Delay may also result in the loss of surveillance footage, vehicle data, electronic communications, physical evidence, witness recollections, and important records.

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WHAT SHOULD A FAMILY DO AFTER A SUSPECTED WRONGFUL DEATH?

When circumstances permit, family members should preserve:

• Death certificates, autopsy reports, and coroner records

• Police, incident, or investigative reports

• Photographs and videos

• Medical and emergency-response records

• Communications with insurers or responsible parties

• The decedent’s employment, income, and tax records

• Funeral and burial invoices

• Names and contact information for witnesses

• The decedent’s personal photographs, videos, messages, and correspondence

• Any physical item, product, vehicle, or equipment involved in the incident

 

Family members should avoid providing recorded statements, signing releases, or accepting settlement payments before obtaining legal advice. Insurance representatives may seek information or a release before the family understands the full scope of its rights.

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HOW THE WESTMORELAND LAW FIRM CAN HELP

A wrongful-death case requires more than submitting an insurance claim. The responsible parties may deny fault, blame the decedent, conceal evidence, dispute the family’s financial losses, or attempt to resolve the case before the full facts are known.

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The Westmoreland Law Firm can:

• Investigate the circumstances surrounding the death

• Identify every potentially responsible person and entity

• Preserve physical, electronic, video, and documentary evidence

• Obtain police, coroner, medical, employment, and government records

• Interview witnesses and retain qualified experts when necessary

• Determine the proper wrongful-death and survival claimants

• Evaluate available insurance coverage and other sources of recovery

• Calculate the family’s economic and noneconomic losses

• Handle communications with insurers, corporations, and defense counsel

• File the appropriate claims and lawsuit within the applicable deadlines

• Prepare the case for settlement, mediation, arbitration, or trial

 

Our firm views every client relationship as a partnership. We explain the legal process, provide meaningful case updates, and develop a litigation strategy tailored to the family’s circumstances and objectives.

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FREQUENTLY ASKED QUESTIONS

Do we need to open probate before filing a wrongful-death case?

Not necessarily. Eligible heirs may generally bring a wrongful-death claim directly. A survival action may be brought by the estate’s personal representative or, when there is no personal representative, by a qualified successor in interest. Whether probate proceedings are necessary depends on the claims, the estate, and the family circumstances.

 

Can grandchildren bring a wrongful-death claim?

Grandchildren do not automatically qualify merely because they are grandchildren. They may have standing when their parent—the decedent’s child—died before the decedent or when another statutory basis applies. The complete family structure must be reviewed.

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Can parents bring a claim for the death of an adult child?

Parents may qualify under certain circumstances, including when they would inherit under California intestate succession law or when they were financially dependent on the decedent. Eligibility depends on whether the decedent left a spouse, domestic partner, children, or other heirs.

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What happens when several family members qualify?

California wrongful-death claims affect the rights of all eligible heirs. The family should identify all potential claimants before filing. The court may ultimately determine how an award is allocated among the eligible claimants when they cannot reach an agreement.

 

Can a wrongful-death case be brought against a government agency?

Yes, when a public entity or employee is legally responsible. These cases are governed by special liability, immunity, and claim-presentation rules. A written government claim frequently must be presented within six months, making prompt legal review particularly important.

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What if the responsible party was never criminally charged?

A criminal charge or conviction is not required to pursue a civil wrongful-death claim. Civil liability is determined under different legal standards. A family may have a viable civil case even when prosecutors decline to file charges.

 

What if the decedent may have been partially responsible?

Partial responsibility does not necessarily prevent recovery. California generally follows comparative-fault principles, under which damages may be reduced according to the percentage of responsibility assigned to the decedent. The facts should be independently investigated rather than accepted from an insurer or preliminary report.

 

How much is a wrongful-death case worth?

The value depends on many factors, including liability, available insurance and assets, the decedent’s age, health, earnings, anticipated financial contributions, household services, family relationships, and the evidence supporting the family’s losses. No attorney can responsibly determine value without reviewing the facts and available evidence.

 

 

This page provides general information concerning California law and is not legal advice. Reading this page or contacting the firm does not create an attorney-client relationship. Legal deadlines and available claims depend on the specific facts of each matter.