California Wrongful Death Attorney

Yes. Wrongful death cases are the most legally complex category of personal injury work, and they arrive at the worst possible moment for the family. Multiple claims may exist simultaneously: a wrongful death claim on behalf of surviving family members, a survival action on behalf of the deceased’s estate, potential third-party claims, and in some cases criminal proceedings that run alongside the civil case. Each claim follows different rules, recovers different damages, and has different deadlines. Without an attorney coordinating all of it, families either miss claims they were entitled to file or settle the case for far less than its full value.

Pedram Law evaluates every wrongful death case at no cost. We understand families are calling at the hardest moment of their lives. There is no pressure during the consultation. We answer questions, explain the legal landscape, and let families decide when and how to move forward.

What to Do After a Wrongful Death in California

1. Preserve evidence from the incident. The police report, photographs of the scene, medical records, autopsy reports, witness contact information, and any communications from insurers or responsible parties. In motor vehicle cases, preserve the involved vehicles. In workplace cases, preserve any defective equipment or product.
2. Do not give recorded statements to any insurer. Insurers for the at-fault party will contact surviving family members within days. Anything said in those conversations will be used to reduce or deny the claim.
3. Do not accept early settlement offers. Wrongful death cases involve damages that take months to fully document, including future lost income, loss of financial support, loss of consortium, and emotional distress of surviving family members. Early offers are almost always a fraction of full value.
4. Gather the deceased’s financial records. Tax returns, pay stubs, employment records, retirement accounts, and any documentation of income and benefits. These records anchor the damages calculation for lost financial support.
5. Identify all potential beneficiaries. Spouse or domestic partner, children, parents, and in limited circumstances siblings or others who were financially dependent on the deceased. The list of who can file under California Code of Civil Procedure Section 377.60 is specific.
6. Do not let the responsible party’s representatives speak to family members. Refer all communications to your attorney once retained.
7. Identify whether a government entity may share liability. Government employer, government vehicle, government property, or government-maintained roadway. If so, a six-month administrative claim deadline applies under the Government Claims Act.
8. Contact a wrongful death attorney as soon as the family is able. Evidence preservation is critical in wrongful death cases. Surveillance footage overwrites. Witnesses scatter. Physical evidence degrades. The sooner an attorney can act on preservation letters, the stronger the case.

Expert Legal Tip from the Attorneys at Pedram Law. The single most overlooked claim in California wrongful death cases is the survival action. A wrongful death claim compensates surviving family members for their own losses (loss of financial support, loss of companionship, funeral expenses). A separate survival action under California Code of Civil Procedure Section 377.30 is brought on behalf of the deceased’s estate and recovers damages the deceased could have recovered if they had lived, including medical expenses incurred before death, lost wages from the moment of injury to the moment of death, and in many cases punitive damages for egregious conduct. Families who file only a wrongful death claim and not a survival action routinely leave significant compensation on the table. An experienced attorney files both where applicable.

What NOT to Do After a Wrongful Death

The decisions made in the first weeks shape the entire case. Avoid every one of these.

• Do not give a recorded statement to the at-fault party’s insurer. The conversation is built to extract admissions about the deceased’s conduct or the family’s financial dependence. Anything said will be used to reduce the claim.
• Do not accept an early settlement. Wrongful death damages take months to fully document. Once family members sign a release, the claim is permanently closed.
• Do not let the at-fault party direct funeral arrangements or offer to pay expenses. Acceptance of payment for funeral costs or medical bills can be framed as accord and satisfaction or used to argue the family was made whole. Let your attorney handle all financial communications.
• Do not post about the death or the case on social media. Defense teams monitor accounts. Anything posted will be analyzed for arguments about the family’s emotional state, financial dependence, or relationship with the deceased.
• Do not delay if a government entity may be involved. The six-month administrative claim deadline under the Government Claims Act is absolute. Missing it bars the case regardless of how strong the underlying facts are.
• Do not assume only one family member can file. California law allows multiple beneficiaries to participate in a single wrongful death claim. Acting alone without coordinating with other entitled beneficiaries creates problems later.
• Do not wait to call an attorney. Evidence preservation, witness statements, and government claim deadlines all run on short timelines.

Common Causes of Wrongful Death in California

Wrongful death claims arise from a wide range of negligent or wrongful conduct. The most common categories include:

• Motor vehicle accidents. Car, truck, motorcycle, pedestrian, bicycle, and rideshare crashes are leading causes of accidental death in California. The same liability and insurance analysis applies as in standard injury cases, but the damages framework expands to include surviving family members.
• Commercial trucking incidents. Catastrophic injuries from commercial truck crashes frequently result in death, particularly in high-impact crashes involving 18-wheelers, delivery vehicles, and tankers. Truck accident litigation brings additional federal regulatory and corporate defendant dynamics into the case.
• Medical malpractice. Surgical errors, misdiagnosis, medication errors, anesthesia errors, and failure to diagnose serious conditions. Medical malpractice wrongful death cases involve complex causation analysis and expert testimony.
• Defective products. Pharmaceutical injuries, defective medical devices, defective automobiles, and dangerous consumer products. Product liability wrongful death cases bring manufacturers, distributors, and retailers into the case.
• Premises liability deaths. Fatal falls, drownings, inadequate security leading to assault, and other dangerous property conditions. Premises liability law governs these cases.
• Workplace incidents. Construction site deaths, industrial accidents, and other workplace fatalities. Workers compensation death benefits may be available alongside third-party civil claims against contractors, equipment manufacturers, and property owners.
• Intentional acts of violence. Civil claims following assault, homicide, or other intentional acts proceed separately from any criminal case and can recover damages even when criminal prosecution fails.
• Nursing home neglect. Bedsores, falls, malnutrition, medication errors, and abuse leading to death. Nursing home wrongful death cases involve California’s elder abuse statutes alongside standard negligence claims.

Why Wrongful Death Cases Are Legally Complex

Wrongful death litigation involves coordination across multiple legal frameworks at once. The complications come from four directions.

Dual-claim analysis: wrongful death versus survival action. California recognizes two distinct claims that may arise from the same death. The wrongful death claim under California Code of Civil Procedure Section 377.60 compensates surviving family members for their own losses. The survival action under Section 377.30 is brought on behalf of the deceased’s estate and recovers damages the deceased could have recovered if they had lived. These are different claims with different beneficiaries, different damages, and different procedural requirements. Filing only one when both apply leaves money on the table.

Multiple liable parties. A single wrongful death may involve multiple defendants: the direct tortfeasor, that party’s employer, a vehicle manufacturer if a defect contributed, a property owner if dangerous conditions played a role, a government entity if public property or a government employee was involved. Each defendant carries separate insurance and separate counsel.

Medical causation questions. When a death follows a period of medical treatment, defense teams aggressively argue the death was caused by underlying conditions, complications of treatment, or factors unrelated to the negligence. Establishing the causal link between the wrongful conduct and the death requires medical experts and often forensic pathology testimony.

Government entity deadlines. When a government employee, vehicle, or property contributed to the death, California Government Code Section 911.2 requires an administrative claim within six months of the date of death. Miss this deadline and the case against the government entity is barred regardless of merits. Many families do not realize a government entity may be involved until an attorney identifies the issue.

Who Can File a Wrongful Death Claim in California

California Code of Civil Procedure Section 377.60 specifies who may bring a wrongful death claim. The list is narrower than many families assume.

• Surviving spouse or registered domestic partner. Always entitled to file.
• Children of the deceased. Biological and adopted children. In some cases, stepchildren who were financially dependent on the deceased.
• Parents of the deceased. When the deceased has no surviving spouse, domestic partner, or children. Parents may file if the deceased was unmarried and childless.
• Siblings or other heirs. In limited circumstances, when no spouse, domestic partner, children, or parents survive, siblings or other heirs entitled under California intestate succession law may file.
• Putative spouses and dependent minors. California law extends standing to putative spouses (those who believed in good faith they were married to the deceased) and to minors who lived with the deceased and were financially dependent.

Domestic partner eligibility requires proof of financial dependence or cohabitation, and the relationship typically must have been registered or formalized under California law. The analysis of who has standing to file is specific to each case and is one of the first issues we address during the consultation.

How Pedram Law Builds Your Wrongful Death Case

1. Free case evaluation. We meet with the family at no cost, review the facts of the death, identify all potential beneficiaries, identify all potentially liable parties, and explain whether a wrongful death claim, a survival action, or both apply. You leave the meeting understanding the legal landscape and what evidence must be preserved immediately.
2. Evidence preservation. We send formal spoliation letters to all known defendants and insurers, demanding preservation of surveillance footage, scene evidence, vehicles, products, internal communications, and any other evidence relevant to liability. In trucking, premises liability, and product cases, preservation must happen within days.
3. Investigation and liability analysis. We pull police reports, autopsy reports, medical records, and incident documentation. We interview witnesses, retain accident reconstruction or forensic experts where needed, and build the case for negligence against every potentially liable party.
4. Damages documentation. Wrongful death damages take months to fully document. We work with the family to establish the deceased’s earning history, projected future earnings, household contributions, and the financial and emotional losses suffered by each beneficiary. In complex cases we retain economic experts to project lifetime financial losses.
5. Insurance negotiations and litigation. Once the case is documented, we send formal demands to every available insurer. Wrongful death cases that settle before suit settle for serious money when the liability and damages analysis is complete. Cases that do not settle get filed and tried. Pedram Law has recovered $500,000 in a wrongful death case and prepares every wrongful death matter as if it will go before a jury.

California Laws That Apply to Your Wrongful Death Case

Statute of limitations. Under California Code of Civil Procedure Section 335.1, wrongful death claims must generally be filed within two years from the date of death. If a government entity is involved, an administrative claim must be filed within six months under California Government Code Section 911.2. Missing either deadline permanently bars the case.

California Code of Civil Procedure Section 377.60. The wrongful death statute identifies who may bring a claim and what damages are recoverable. The statute is specific about beneficiary eligibility. Domestic partners, children, parents, and other heirs must qualify under the statute’s framework.

California Code of Civil Procedure Section 377.30. The survival action statute allows the deceased’s estate to recover damages the deceased could have recovered if they had lived. These include pre-death medical expenses, pre-death lost wages, pain and suffering before death where the death was not instantaneous, and in many cases punitive damages.

Distribution of wrongful death proceeds. California intestate succession rules under Probate Code Sections 6400 and following govern how wrongful death settlement proceeds are distributed among multiple beneficiaries. The analysis depends on the surviving family structure, the deceased’s marital status, the existence of a will or trust, and the specific facts of each case.

Government Claims Act. If a government employee, government vehicle, government property, or government-maintained roadway contributed to the death, California Government Code Section 911.2 requires an administrative claim within six months. Failure to file the claim or to follow the strict procedural requirements bars the case.

Pure comparative fault. California is a pure comparative fault state. If the deceased shared any fault in the incident that caused their death, the wrongful death recovery is reduced by that percentage but not eliminated.

Compensation Available in Wrongful Death Cases

California wrongful death law allows recovery of both economic and non-economic damages. The categories differ depending on whether the claim is a wrongful death claim, a survival action, or both filed together.

Wrongful death damages (recovered by surviving family members for their own losses):

• Loss of financial support the deceased would have provided
• Loss of household services the deceased provided
• Funeral and burial expenses
• Loss of love, companionship, comfort, care, and society
• Loss of guidance and moral support, particularly for surviving children
• Loss of consortium for a surviving spouse or domestic partner

Survival action damages (recovered by the deceased’s estate):

• Medical expenses incurred between injury and death
• Lost wages between injury and death
• Property damage
• Pain and suffering before death (where the death was not instantaneous)
• Punitive damages where the wrongful conduct was egregious

Pedram Law has recovered $500,000 in a wrongful death case, $1,000,000 in a slip and fall, $600,000 in a car accident, and significant results across catastrophic injury matters. Every wrongful death case turns on its specific facts: the deceased’s earning history, family structure, cause of death, and the conduct of the responsible parties.

Insurance Tactics Used Against Wrongful Death Families

Insurers approach wrongful death cases with the same defensive posture they use in injury cases, intensified by the size of the potential exposure. These are the tactics used against unrepresented families.

• The sympathy call. An insurance representative calls expressing condolences and offering to “help the family get through this.” The call is built to extract statements about the deceased’s life, the family’s circumstances, and the family’s financial situation that will be used against the claim.
• The early settlement offer. Insurers offer fast settlements before the family understands the full scope of damages or the existence of multiple available claims. Once signed, the release closes the case permanently.
• Disputing causation. Defense teams argue the death was caused by underlying conditions, complications of treatment, or factors unrelated to the negligence. Medical experts retained by the insurer issue opinions designed for negotiation leverage.
• Disputing financial dependence. Insurers challenge whether surviving family members were actually dependent on the deceased, particularly in cases involving adult children or non-traditional family structures.
• Pitting beneficiaries against each other. Where multiple beneficiaries are entitled to file, insurers sometimes negotiate separately with individual family members to fracture the case and reduce overall exposure.
• The recorded statement trap. Conversations with adjusters become evidence that gets used against the case in negotiation and litigation.
• Social media surveillance. Defense investigators monitor family members’ accounts for anything that contradicts the emotional distress claim or suggests the family was not as dependent on the deceased as claimed.

When Pedram Law represents the family, insurers know they are dealing with a firm that coordinates all beneficiaries, identifies every available claim, and litigates when fair value is refused.

What to Bring to Your First Consultation

You do not need to have everything ready. Pedram Law will help the family gather what is missing. If you have any of the following, bring it.

• Death certificate and autopsy report if available
• Police or incident report
• Medical records from any treatment leading up to the death
• Funeral and burial expense receipts
• The deceased’s tax returns, pay stubs, and employment records from the past three to five years
• Any will, trust, or estate planning documents
• Names and contact information for all potential beneficiaries
• Any communications received from insurers, attorneys, or representatives of the responsible party
• Names and contact information for any witnesses to the incident

If the family does not have these documents, call anyway. The most important step is reaching out early so we can preserve evidence and identify deadlines, particularly if a government entity may be involved.

Evidence Checklist: What You Need to Support a Wrongful Death Claim

• Death certificate and autopsy report
• Police, incident, or accident report
• Complete medical records from any treatment between the incident and death
• Funeral, burial, and final expense receipts
• The deceased’s employment records, tax returns, and earning history
• Documentation of household contributions and services the deceased provided
• Marriage certificate, birth certificates of children, domestic partnership records
• Photos and videos of the incident scene and any physical evidence
• Surveillance footage from the location of the incident
• Witness names, statements, and contact information
• Expert reports from medical, accident reconstruction, or forensic experts
• Any prior incidents involving the same defendant or property
• Communications from insurers or representatives of the responsible party
• Estate planning documents including any will or trust

What to Look for When Hiring a Wrongful Death Lawyer

Wrongful death cases are not standard personal injury cases. They require attorneys who understand the dual-claim framework, coordinate multiple beneficiaries, handle complex causation issues, and have the resources to retain economic and medical experts. Most personal injury attorneys do not handle these cases at the level the law requires.

Questions to Ask Before Hiring a Wrongful Death Attorney

Frequently Asked Questions

Serving Families Across California

Pedram Law represents families in wrongful death cases throughout California, including Beverly Hills, Los Angeles, Long Beach, Riverside, Moreno Valley, Corona, Murrieta, Pomona, West Covina, and Garden Grove. The firm office is located at 8383 Wilshire Boulevard, Suite 1024, Beverly Hills, California 90211.

Pedram Law, PC
8383 Wilshire Blvd, Suite 1024
Beverly Hills, CA 90211
(844) 344-4444

If your family lost a loved one due to someone else’s negligence anywhere in California, Pedram Law is ready to evaluate the case at no cost and explain the full legal landscape. Free case evaluation. No fees unless we win.

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This content has been reviewed by the attorneys at Pedram Law, PC, licensed to practice law in the State of California.

Attorney Advertising. Prior results do not guarantee a similar outcome. This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.