Filing a Wrongful Death Lawsuit in Glendale, California

To file a wrongful death lawsuit in California, surviving family members must establish eligibility under CCP Section 377.60, gather evidence, file a complaint in civil court within two years of the death, and join all eligible heirs in a single action. Glendale families may recover economic damages, non-economic damages, and, in limited cases, punitive damages.

State law sets the same eligibility and filing rules for Glendale personal injury victims and California personal injury victims statewide. 

What Is a Wrongful Death Lawsuit in California?

A wrongful death lawsuit is a civil claim filed by surviving family members against a party whose negligence or wrongdoing caused a death. It is separate from any criminal prosecution and seeks financial compensation rather than punishment.

California Code of Civil Procedure Section 377.60 governs who can file and under what circumstances. The California wrongful death laws set out in this statute apply regardless of where in the state the death occurred.

A wrongful death claim is different from a survival action. A survival action allows the deceased’s estate to recover for the pain and suffering the person experienced before death, filed under Probate Code Section 573. Courts often consolidate both claims into a single case.

Common causes of wrongful death in California include:

• Car and truck accidents.
• Pedestrian deaths.
• Medical malpractice.
• Workplace fatalities.
• Premises liability incidents.
• Defective products.
• Elder abuse.
• Wrongful death involving a fetus or unborn child.

Who Can File a Wrongful Death Lawsuit in California?

California law limits who can file a wrongful death lawsuit in California. Priority goes to the surviving spouse or domestic partner, then children, then parents, then other eligible heirs.

• Primary: surviving spouse or registered domestic partner, biological children, adopted children, stepchildren, and grandchildren if the deceased’s children are also deceased.
• Secondary: parents, if there is no surviving spouse, domestic partner, or children.
• Extended: other heirs entitled to the deceased’s property under California intestate succession laws.
• Dependents: stepchildren and putative spouses financially dependent on the deceased, and minors who lived in the household for at least 180 days and received at least half their financial support from the deceased.

All eligible heirs must join a single lawsuit. California’s One Action Rule does not allow separate claims by different family members for the same death. This prevents inconsistent verdicts and protects defendants from repeated litigation over the same incident.

Wrongful death lawyers determine which family members qualify and confirm everyone with a valid claim is included before the complaint is filed.

What Damages Can You Recover in a California Wrongful Death Lawsuit?

California wrongful death damages fall into three categories: economic, non-economic, and, in limited cases, punitive.

Economic damages cover quantifiable financial losses:

• Funeral and burial expenses.
• Medical bills incurred before death.
• Lost income the deceased would have earned.
• Loss of financial support for dependents.
• Value of household services and childcare.

Non-economic damages cover the personal loss to surviving family members:

• Loss of love, companionship, and affection.
• Loss of comfort, care, and moral support.
• Loss of guidance for surviving children.

Punitive damages are not available in a standard wrongful death claim. They can only be recovered through a survival action when the defendant acted with extreme recklessness or intentional malice, such as a DUI with a very high BAC, an intentional assault, or gross corporate negligence.

These categories follow the same types of damages in personal injury cases, but wrongful death claims involving medical malpractice carry an additional limit.

In medical malpractice wrongful death cases, AB 35 caps non-economic damages at $500,000 starting in 2023, increasing $50,000 per year until reaching $1 million in 2033, then adjusting for inflation. Economic damages remain uncapped regardless of the case type.

How Do You Prove a Wrongful Death Case in California?

To succeed, you must prove four elements: duty of care, breach of duty, causation, and damages.

• Duty of care: the defendant had a legal obligation to act reasonably. Drivers must follow traffic laws, property owners must maintain safe premises, and doctors must meet the standard of care.
• Breach of duty: the defendant failed to meet that obligation, whether through a traffic violation, a hazardous condition left unaddressed, or a medical error.
• Causation: the breach directly caused the death. Expert testimony and physical evidence are typically required to establish this link.
• Damages: surviving family members suffered measurable losses as a result, whether financial, emotional, or both.

Evidence that supports a wrongful death claim includes:

• Police reports.
• Medical records.
• Witness testimony.
• Expert analysis from accident reconstructionists or medical professionals.
• Financial records.
• Photos and video.

Insurance companies often attempt to attribute fault to the deceased to reduce or eliminate the payout. An attorney can counter this during the investigation and discovery phases by gathering evidence that establishes the actual sequence of events.

How to File a Wrongful Death Lawsuit in California: Step by Step

Filing a wrongful death lawsuit in California involves six stages, from investigation through trial or settlement.

1. Consult an attorney: verify which family members are eligible to file, assess whether the case is viable, and preserve evidence before deadlines pass.
2. Investigate the claim: gather police reports, medical records, witness statements, and expert analysis to establish what happened and who is responsible.
3. File the complaint: draft and submit a formal complaint in civil court. All eligible heirs must be joined under the One Action Rule, and the complaint must be filed within the two-year statute of limitations.
4. Serve the defendant: formally notify the defendant with the complaint and summons, following the same service requirements as other civil lawsuits.
5. Enter discovery: both sides exchange evidence through depositions, interrogatories, and document requests, and retain expert reports. Most cases settle during or after this phase.
6. Settlement or trial: negotiate a fair settlement, or proceed to a jury trial where 9 of 12 jurors must agree on liability and damages. The court must approve how any award is distributed among the heirs.

How Long Do You Have to File a Wrongful Death Lawsuit in California?

California’s wrongful death lawsuit statute of limitations is two years from the date of death. Missing this deadline typically eliminates the right to compensation.

Exceptions to the two-year rule:

• Government entity: if a government agency caused the death, an administrative claim must be filed within six months. The lawsuit can only proceed after the government responds or the response period expires.
• Medical malpractice: the deadline may extend to three years from the date of the act, depending on when the negligence was discovered.
• Minor claimants: tolling rules may apply when eligible heirs are minors, which can pause or extend the filing window for their portion of the claim.

Consulting an attorney early protects against missed deadlines and preserves evidence.

The California personal injury statute of limitations applies similarly, but wrongful death runs from the date of death, not the date of the underlying injury.

Get a Free Case Review From a Glendale Wrongful Death Lawyer

Thompson Law offers a Free Consultation with No Fee Unless We Win for Glendale families considering a wrongful death lawsuit.

During the consultation, an attorney reviews which family members are eligible to file, assesses what damages may apply to your situation, and walks you through what the process looks like from filing to resolution. Contact us to get started.

Frequently Asked Questions

What is the average wrongful death settlement in California?

There is no fixed average. Wrongful death settlements in California vary widely based on the deceased’s age, income, the number of dependents, and the strength of the evidence. Settlements can range from the low six figures to several million dollars in cases involving high earners or egregious negligence.

What is the one action rule for wrongful death in California?

The One Action Rule requires all eligible heirs to join a single wrongful death lawsuit rather than filing separate claims against the same defendant. This prevents the defendant from facing multiple lawsuits over the same death and avoids inconsistent verdicts between different family members.

Can you recover punitive damages in a California wrongful death lawsuit?

Generally no. Punitive damages are not available in a standard wrongful death claim under California law. They can only be recovered through a survival action, and only when the defendant acted with extreme recklessness or intentional malice toward the victim.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim belongs to surviving family members and compensates them for their own losses, such as lost financial support and companionship. A survival action belongs to the deceased’s estate and compensates for the pain and suffering the deceased experienced before death.

Who receives the settlement money in a California wrongful death case?

The court determines how settlement or verdict funds are distributed among eligible heirs based on their relationship to the deceased and their level of financial dependence. Court approval is required before any wrongful death award can be distributed to family members.

¿Tienen abogados que hablen español en Glendale para casos de muerte por negligencia?

Sí. Atendemos casos de muerte por negligencia en Glendale y otras ciudades de California en español, incluyendo Los Ángeles y Pasadena. Si perdiste a un familiar, podemos revisar tu caso. Contáctanos hoy. La consulta es gratis y no cobramos a menos que ganemos tu caso.