PRACTICE AREAS
Wrongful Death
Personal Injury Attorneys
PROTECTING THE INJURED FOR OVER 30 YEARS
If the negligence or intentional conduct of another individual has lead to the death of your loved one, this is recognized as a wrongful death accident. The death of a family member can be a devastating experience to live through. It becomes even more so when the death was caused by negligence or oversight, and was therefore avoidable. As the survivor of your loved one, you may be able to recover damages in a wrongful death claim.
In a wrongful death case, compensation may be awarded which is intended to aid the family of the victim. The reparation for which you may be entitled is for the compensation for:
- Costs related to medical and funeral services
- Lost benefits
- Lost financial support
- Lost love, companionship and advice
- Punitive damages (if intentional or criminal negligence is found)
- Reimbursement for any property damage that has taken place
- Reimbursement for lost services normally provided to you by the decedent
Wrongful death can occur in a myriad of ways, from medical malpractice, to construction site accidents, to automobile accidents. The fallout from such an unfortunate event can be severe physically, mentally, and emotionally. The financial burden brought about the sudden unexpected death of a family member can also be great. Medical and funeral costs can be high, and the loss of income formerly brought in by the victim can wreak financial havoc on families. If negligence was at the source of the wrongful death of one of your family members, then you may be entitled to compensation from the responsible individual or party, and acquiring the help of a Wrongful Death Attorney who can inform you of your rights is highly advised. Additionally, if you currently find yourself dealing with a wrongful death claim that is under investigation or has been denied, you need to consult with an experienced lawyer who understands this type of claim. Oftentimes, we have undertaken cases for clients that have little time left to conclude their claim. Even in these circumstances, the Rosenberg Law Firm has managed to conclude a wrongful death case successfully for the client.
Compassion, understanding, and experience are some of the basic traits that a person should look for in a wrongful death lawyer. You deserve to be covered for those costs by the individual at fault, and the Rosenberg Law Firm may be able to provide you with the representation you need to obtain a positive result. Alex Rosenberg is a seasoned attorney with over 30 years of experience in personal injury litigation, and if your case is taken on by his firm, you may able to achieve a resolution that is beneficial to you and allows you and your family to take those first steps towards healing from the loss of your family or loved one.
Contact Rosenberg Law, P.C. if you have suffered the wrongful death of a family member or loved one and seek advice on how you may receive compensation to help you and your family recover personally and financially.
Frequently Asked Questions About California Wrongful Death Claims
California Code of Civil Procedure §377.60 strictly limits who has legal standing to file a wrongful death claim. The eligible parties are generally the surviving spouse, registered domestic partner, and children of the deceased. If none of those survive, the right typically passes to other heirs entitled to the decedent’s property under California’s intestacy laws. In certain cases, putative spouses, stepchildren, and parents who were financially dependent on the decedent may also have standing. California permits only one wrongful death action per death, so all eligible heirs typically join together in a single lawsuit.
Under California Code of Civil Procedure §377.61, surviving family members may recover both economic and non-economic damages. Economic damages include the financial support the decedent would have contributed, the reasonable value of lost household services, funeral and burial expenses, and the value of gifts or benefits survivors would reasonably have expected to receive. Non-economic damages include the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support. California specifically does not allow recovery for the survivors’ own grief, sorrow, or mental anguish in a wrongful death claim — those concepts are addressed differently in a related survival action.
The general statute of limitations for wrongful death in California is two years from the date of death, under Code of Civil Procedure §335.1. Several exceptions can shorten or change this deadline. Claims against a government entity — such as a city, county, public hospital, or state agency — require a formal claim to be filed within six months of the death under California Government Code §911.2. Medical malpractice wrongful death cases follow separate timing rules under Code of Civil Procedure §340.5. Missing these deadlines almost always bars recovery, which is why families should contact an attorney as soon as possible after the death.
A wrongful death claim compensates surviving family members for their own losses — the financial and emotional value of what they lost when their loved one died. A survival action, governed by California Code of Civil Procedure §§377.30–377.35, is a separate claim brought on behalf of the deceased person’s estate. It recovers damages the decedent could have claimed had they lived, including pre-death medical expenses, lost wages between injury and death, and pain and suffering the decedent experienced before death. In many cases, both claims are filed together so the family and the estate each recover what they are legally entitled to.
Yes. California follows a pure comparative fault rule under Civil Code §1714, which applies to wrongful death cases. Even if the decedent was partially responsible for the accident that caused their death, surviving family members can still recover damages — the total award is simply reduced by the decedent’s percentage of fault. For example, if a jury awards $2 million in wrongful death damages but finds the decedent was 25% responsible, the family recovers $1.5 million. Defense attorneys frequently try to inflate the decedent’s share of fault, which is why thorough investigation and experienced representation are critical to maximizing recovery.