- HACKETT LAW
Wrongful Death Attorney in California
Legal Support for Families Facing an Unimaginable Loss
Losing a loved one is devastating—especially when their death was caused by someone else’s negligence, misconduct, or reckless behavior. While no legal action can bring them back, California law allows surviving family members to seek accountability and financial compensation through a wrongful death claim.
An experienced wrongful death attorney can guide you through this difficult process, protect your rights, and ensure those responsible are held legally accountable.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies due to the wrongful act or negligence of another individual, business, or entity. It is a civil action brought by the decedent’s survivors—not a criminal case, although the two can occur simultaneously.
Under California law (Code of Civil Procedure § 377.60), eligible parties may include:
- The spouse or domestic partner of the deceased
- Children or stepchildren
- Parents or legal guardians
- Other financial dependents or heirs, under certain conditions
The goal is to compensate the family for losses resulting from the death, including both economic and emotional damages.
Common Causes of Wrongful Death
Wrongful deaths can result from a wide range of incidents, many of which involve preventable negligence. Common causes include:
- Motor vehicle accidents, including cars, trucks, motorcycles, and pedestrian crashes
- Medical malpractice, such as surgical errors or misdiagnosis
- Workplace accidents, particularly in construction or industrial settings
- Defective products or dangerous drugs
- Criminal acts, including assault or drunk driving
- Unsafe premises leading to fatal slips, falls, or fires
In many cases, multiple parties may be partially responsible—for example, both a negligent driver and a vehicle manufacturer.
Compensation in Wrongful Death Cases
Wrongful death claims seek compensation for the financial and personal losses that survivors endure. Damages may include:
- Funeral and burial expenses
- Loss of financial support the deceased would have provided
- Loss of companionship, guidance, and affection
- Emotional pain and suffering
- Value of household services lost
These claims are separate from any survival action, which can be filed to recover damages the deceased would have been entitled to had they survived. A wrongful death attorney can explain whether both types of claims apply to your case.
Who Can File a Wrongful Death Claim in California?
The right to file is typically limited to immediate family members, but it can extend depending on the decedent’s situation. If no surviving spouse, child, or parent exists, individuals who would inherit under California’s intestate succession laws may qualify.
The statute of limitations is generally two years from the date of death, though exceptions exist in cases involving government entities or medical malpractice. Delaying action may result in losing your legal right to pursue compensation.
How a Wrongful Death Attorney Can Help
Wrongful death cases often involve complex legal and emotional challenges. A qualified attorney can:
- Investigate the incident thoroughly and determine liability
- Coordinate with medical experts, accident reconstructionists, or financial analysts
- Collect evidence to support your claim
- Handle negotiations with insurance companies and opposing counsel
- File a lawsuit and advocate for your family in court, if necessary
By handling the legal complexities, your attorney allows you to focus on healing and honoring your loved one’s memory.
External Resources for Grieving Families
For support, education, and further information on your rights as a surviving family member, visit:
- California Courts – Wrongful Death Overview
- Office of Victim Services – California Attorney General
- National Institute for Occupational Safety and Health (NIOSH) for work-related fatalities
These resources provide helpful tools for coping with loss, understanding the legal system, and learning about workplace or public safety standards.
Your Family Deserves Answers and Justice
If you’ve lost a loved one due to another’s negligence or misconduct, you don’t have to navigate this painful journey alone. A knowledgeable wrongful death attorney can help you understand your legal options and pursue fair compensation with care, respect, and unwavering dedication to your case.