California Code of Civil Procedure §377.60 lets a spouse, domestic partner, child, or other surviving relative file a wrongful death claim when a loved one dies because of another party's negligence. The deadline is generally two years from the date of death under §335.1. A claim can cover funeral costs, lost financial support, and loss of companionship. Burg & Brock has handled wrongful death cases across Los Angeles County since 1996. Call (818) 873-9216 for a free case review.
You are probably asking why would I need a wrongful death lawyer? A Wrongful Death claim is a cause of action which arises from the victim’s death and is brought by the surviving beneficiaries or dependents of the deceased victim.
In California the legal heirs under the law may claim to seek wrongful death damages with the following order of precedence:
It is not enough to be able to prove negligence and that the person suffered damage. Usually, most people do not have enough money to pay those damages unless they have insurance. In California, if you do not have automobile insurance, and you are injured by someone else, even if it is their fault, you can only collect your special damages, i.e., your medical expenses and loss of earnings, but not general damages, i.e., your mental suffering and emotional distress. That law was passed to encourage people to drive with insurance. Also, if you do not have automobile insurance, you can lose your driving privilege in California.
Wrongful-death survivor claims under CCP §377.60 reach across most other practice areas. Below are the related claim types and city-specific pages.
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Under Code of Civil Procedure section 377.60, the spouse, registered domestic partner, and children file first. If none survive, parents, siblings, and others entitled to inheritance under California intestacy law can file. Stepchildren and putative spouses may qualify under specific conditions.
Two years from the date of death under Code of Civil Procedure section 335.1. The clock starts on the date of death, not the date of the injury that caused it. Claims against a government entity require a tort claim notice within six months.
Economic damages include the deceased's lost financial support, loss of household services, funeral and burial expenses, and lost benefits like health insurance and retirement contributions. Non-economic damages cover loss of love, companionship, comfort, care, affection, society, and moral support.
Yes. Adult children have standing under section 377.60. Non-economic damages for loss of a parent's companionship and guidance are recoverable. Economic recovery is typically smaller for adult children because of reduced financial dependency.
A wrongful death claim compensates the family for their losses. A survival action under Code of Civil Procedure section 377.30 belongs to the deceased's estate and recovers damages the decedent could have claimed if they had lived (pre-death pain and suffering, lost wages, medical bills). The two are filed together.
Cases vary widely. Death of a young breadwinner often produces verdicts in the $1 million to $5 million range. Catastrophic-conduct cases (drunk driving, defective product, medical negligence) can reach $10 million or more. Burg & Brock has handled wrongful death cases with seven-figure recoveries.
Yes, in the survival action under Code of Civil Procedure section 377.34 if the defendant's conduct involved oppression, fraud, or malice under Civil Code section 3294. Common triggers are drunk driving and willful safety violations.
Most cases settle. Insurance carriers know jurors award substantial sums in death cases and prefer to settle rather than risk trial. We file suit if the carrier refuses fair value, and roughly 90% of cases settle once liability and damages are fully documented.
California's pure comparative negligence applies. If the deceased was 30% at fault, your recovery is reduced by 30%. There is no bar to recovery regardless of fault percentage.
No. Burg & Brock handles wrongful death cases on contingency. No fee unless we win. We advance case costs (experts, court fees, depositions). Free consultation.
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