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Understanding Wrongful Death Claims in California

Losing a loved one is always devastating. But when that loss is caused by someone else's negligence or wrongful act, the emotional and financial toll can be even more profound. In California, the law allows grieving families to seek justice and financial recovery through a wrongful death claim. This page provides an overview of California’s wrongful death laws and how a skilled attorney can help.

What Qualifies as a Wrongful Death in California?

Wrongful death occurs when a person dies due to the negligence, recklessness, or intentional act of another individual or entity. In California, wrongful death claims are designed to compensate the deceased's surviving family members for the losses they have suffered as a result of their loved one's untimely passing.

Who Can File a Wrongful Death Claim in California?

Under California Code of Civil Procedure § 377.60, the following parties may be eligible to file a wrongful death claim:

• The decedent’s surviving spouse or domestic partner
• Children of the deceased
• Grandchildren, if the children are deceased
• Dependent minors living in the household
• In the absence of these, individuals entitled to inherit under California’s laws of intestate succession (e.g., parents, siblings)

In some cases, other individuals who were financially dependent on the deceased may also have the right to file a wrongful death claim.

Types of Damages Recoverable in a Wrongful Death Claim

In a wrongful death lawsuit, plaintiffs may seek compensation for various types of damages, including:

Economic Damages may include:

• Loss of the decedent’s expected earnings
• Funeral and burial costs
• Loss of benefits or gifts the heirs would have expected

Non-Economic Damages may include:

• Loss of love, companionship, and moral support
• Loss of training, guidance, and protection

It's important to note that California does not impose caps on the amount of damages that can be awarded in wrongful death cases, except for medical malpractice cases.

Statute of Limitations for Wrongful Death Claims

In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased's death pursuant to Code of Civil Procedure § 335.1. If the claim is not filed within this time frame, the right to seek compensation may be lost. However, there are exceptions and nuances to this rule, making it crucial to consult with a knowledgeable wrongful death attorney to ensure your rights are protected.

In cases involving government entities — such as public transportation accidents, police misconduct, or negligence by public hospitals — a written claim must typically be filed within six months under Government Code § 911.2. Exceptions may also apply for minors or cases involving delayed discovery.

How a California Wrongful Death Attorney Can Help

At The Majlessi Law Firm, we handle complex wrongful death cases across California, from fatal car crashes to medical negligence and intentional acts. With decades of courtroom experience and a reputation for results, we guide families through every stage of the legal process—from investigation to verdict. An experienced California wrongful death attorney can help by:

1. Investigating the circumstances surrounding the death and gathering evidence to support your claim.
2. Determining the potential value of your case and negotiating with insurance companies or responsible parties on your behalf.
3. Representing your interests in court, should litigation become necessary.

📞 Speak with a Leading California Wrongful Death Attorney Today

Losing a loved one due to another's negligence is a heart-wrenching experience. While no amount of compensation can truly make up for such a loss, a successful wrongful death claim can help alleviate some of the financial and emotional burdens faced by surviving family members. If you believe you have a wrongful death claim, it's essential to consult with a skilled California wrongful death attorney to guide you through the process and ensure the best possible outcome for your case.

Contact Attorney Art Majlessi today for a free, confidential consultation and learn how we can help your family pursue justice and financial recovery.

👉 Call (310) 724-6222 or
📨 Submit your case online to schedule your free consultation with attorney Art Majlessi today.

Wrongful Death Attorney Services Across California

The Majlessi Law Firm proudly represents families in wrongful death cases throughout California. Explore legal support in your city below:

Disclaimer: The legal information presented on this page should not be considered as legal advice.