Losing a loved one because of someone else’s negligence leaves a void no legal outcome can truly fill. Yet when a death could have been prevented, California law gives families in Glendale a way to seek accountability through a wrongful death claim. These civil actions can’t undo the loss, but they can help ease the financial and emotional burden left behind.
Across California, workplace and public safety failures continue to take lives each year. In 2023 alone, private industry employers reported more than 363,900 workplace injuries and illnesses, with many of the most severe cases occurring in construction, transportation, and healthcare, which are industries that often see fatal accidents from preventable hazards.
Behind every statistic is a family suddenly facing grief, medical bills, and unanswered questions about what went wrong.
In this article, we’ll explain how wrongful death lawsuits work in California, who can file them in Glendale, and what types of damages families may recover when negligence leads to tragedy.
A wrongful death case is a civil claim filed when someone dies because of another person’s negligence, recklessness, or intentional misconduct. California Code of Civil Procedure Section 377.60 creates this cause of action. Criminal prosecution seeks punishment and belongs to the state. Wrongful death claims seek compensation and belong to the family.
Common causes of wrongful death in Glendale include:
California law restricts who has standing to file a wrongful death lawsuit. The statute identifies specific individuals based on their relationship to the deceased.
Eligible parties under California Code of Civil Procedure Section 377.60 include:
Multiple people may have the right to file. The law requires all eligible heirs to join in a single lawsuit.
California follows the “one action rule” for wrongful death cases. All eligible heirs must join together in a single lawsuit. Separate claims by different family members for the same death are not allowed.
If one family member files a claim, they must include all other eligible heirs as plaintiffs or defendants. This prevents multiple lawsuits over the same incident and protects defendants from facing repeated legal claims. The rule also prevents inconsistent verdicts and ensures efficient use of court resources.
California law divides wrongful death damages into economic and non-economic categories.
These compensate for calculable financial losses:
These address intangible losses:
Courts recognize that many valuable aspects of a family relationship cannot be measured purely in dollars.
Surviving family members can recover for their own emotional distress after losing a loved one. This includes compensation for loss of companionship, comfort, and other intangible benefits.
California historically has not allowed recovery for grief and sorrow themselves in wrongful death actions.
A separate “survival action” allows the deceased person’s estate to recover for pain and suffering the deceased experienced before death. This claim is filed under Probate Code Section 573. Courts often consolidate survival actions with wrongful death claims for trial.
Punitive damages are not available in standard wrongful death claims. These damages punish defendants for egregious conduct, but wrongful death actions focus on compensating survivors.
Punitive damages may be available through a survival action if the defendant acted with extreme recklessness or intent. Examples include drunk driving with very high blood alcohol content, intentional assaults, or gross negligence showing conscious disregard for safety. The estate pursues these damages separately from the wrongful death claim.
You must prove four elements:
Evidence supporting wrongful death claims includes:
Damages become recoverable once you establish liability and all eligible heirs join the claim. Compensation comes through settlement negotiations or a trial verdict.
Many cases resolve through settlement before trial. Insurance companies often prefer to settle rather than face jury uncertainty. If settlement talks fail, a jury hears evidence and decides both liability and damages. The court must approve how damages will be distributed among heirs before any money changes hands.
You have two years from the date of death to file a wrongful death lawsuit. This deadline is strict. Missing it typically means losing your right to compensation.
Special rules apply in some situations. If a government entity caused the death, you must file an administrative claim within six months. Only after the government responds can you file a lawsuit. Consulting an attorney early protects your rights and prevents missed deadlines.
Settlement or verdict funds are distributed among eligible heirs based on their relationship with the deceased or through court-approved allocation. The closeness of each heir’s relationship, their financial dependency, and the time they spent with the deceased all influence distribution.
If heirs cannot agree, the court holds a hearing and decides fair allocation. Surviving spouses often receive the largest portion, especially with financial dependency. Children typically share equally, though younger children who lost more years of support may receive more. The court’s goal is to compensate each person in proportion to their loss.
Wrongful death settlements in California vary widely, as each case depends on unique factors like the deceased’s age, income, number of dependents, and the strength of evidence.
Cases involving young, high-earning individuals with multiple dependents tend to result in higher settlements. Cases involving elderly individuals with no dependents or weak liability evidence tend to settle for less. An experienced attorney can evaluate your specific losses to estimate a reasonable settlement range.
Beneficiaries under California’s wrongful death statute are the same people who can file a claim. Surviving spouses, domestic partners, children, parents, and grandchildren whose parents have passed are primary beneficiaries. Other family members who depended financially on the deceased may also qualify.
Each beneficiary must be included in the single wrongful death action and has a right to receive appropriate compensation.
Most wrongful death cases in California do not have a cap on damages. Juries can award whatever amount they find fair for both economic and non-economic losses, such as pain, suffering, and loss of companionship.
The exception applies to medical malpractice cases under California’s Medical Injury Compensation Reform Act (MICRA). Following Assembly Bill 35 (AB 35), which took effect on January 1, 2023, the cap on non-economic damages in wrongful death cases involving medical negligence now starts at $500,000. This limit increases by $50,000 each year until it reaches $1 million in 2033, after which it will adjust annually for inflation.
These reforms modernized the long-standing $250,000 cap, which had remained unchanged since 1975. They only apply to medical malpractice lawsuits filed on or after January 1, 2023.
A related law, Senate Bill 447, also allows estates to recover damages for the deceased person’s pre-death pain, suffering, or disfigurement through a survival action. This right applies to cases filed on or after January 1, 2022, and is currently effective through January 1, 2026.
Importantly, economic damages remain uncapped, even in medical malpractice claims.
Thompson Law’s Glendale wrongful death lawyers offer FREE CASE REVIEWS to help you understand your rights and potential compensation. During a consultation, we listen to what happened, explain who can file under California law, evaluate damages your family may recover, and outline the legal process.
You pay nothing upfront, and there are no fees unless we recover compensation. We handle all legal work while you focus on healing. Time limits apply to wrongful death claims. Contact us today to protect your family’s rights.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
