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wrongful death
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Wrongful Death
Understand your rights after losing a loved one and how Block Law can help your family pursue the justice and compensation you deserve.
Losing someone due to another person’s negligence or wrongful act is devastating. No legal outcome can undo that loss, but California law gives surviving family members the right to hold responsible parties accountable and recover compensation for the profound impact of their loved one’s death.
We handle wrongful death cases with the compassion and relentless advocacy grieving families deserve. We start by identifying every responsible party and gathering the evidence needed to build the strongest possible case, so your family can focus on healing while we handle the fight.
What To Do After Losing A Loved One
- Seek support for yourself and your family — your wellbeing matters and grief is a process that takes time.
- Request a copy of the police report, accident report, or incident documentation as soon as possible.
- Preserve any evidence related to the incident including photographs, witness information, and communications.
- Do not sign any documents or accept any settlements from insurance companies before consulting an attorney.
- Call Block Law to evaluate your claim and next steps.
Frequently Asked Questions
In California, a wrongful death claim may be filed by the deceased’s surviving spouse, domestic partner, or children. If there are no surviving children or spouse, other dependents such as parents or siblings may have standing. The claim is typically filed by the personal representative of the estate on behalf of all eligible survivors.
Surviving family members may recover funeral and burial expenses, lost financial support the deceased would have provided, lost gifts and benefits, household services, and the loss of companionship, guidance, and affection. California does not allow surviving family members to recover for grief or emotional distress in a standard wrongful death claim, though a related survival action may allow for additional damages.
A criminal case is pursued by the government to punish the responsible party, and requires proof beyond a reasonable doubt. A wrongful death claim is a civil action brought by the family to recover financial compensation, and only requires a preponderance of evidence, meaning it is more likely than not that the defendant is responsible. A person can be found not guilty in criminal court and still be held liable in a civil wrongful death case.
Surviving family members generally have two years from the date of death to file a wrongful death lawsuit. If the death involved a government entity, a claim must be filed within six months. Missing this deadline can forfeit the family’s right to compensation entirely, so it is important to consult an attorney promptly.
Still have questions about your accident?
Speak directly with a team member today — we’ll review your case for free!
Still have questions about your accident?
Speak directly with a team member - we’ll review your case for free.
Why Wrongful Death Cases Require Experienced Legal Representation
Wrongful death cases are among the most emotionally and legally complex personal injury claims. Grieving families are often approached by insurance companies and defense teams within days of a loss, before they have had time to process what happened or understand their legal rights. These early contacts are not made out of compassion — they are made to secure quick settlements before the full extent of the family’s loss can be properly evaluated.
The true value of a wrongful death claim goes far beyond funeral expenses and immediate financial losses. It includes the lifetime of financial support the deceased would have provided, the loss of their guidance and companionship, and the profound emotional impact of their absence. Accurately calculating these losses requires experienced legal representation and in many cases qualified economic and medical experts. Block Law is here to make sure your family’s loss is fully understood, fully documented, and fully compensated.
Common Causes Of Wrongful Death
Understanding what caused your accident is the foundation of your legal claim.
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are among the leading causes of wrongful death in California. When a negligent driver causes a fatal collision, surviving family members have the right to pursue compensation for their loss.
Medical Negligence
When a medical professional’s failure to meet the standard of care results in a patient’s death, surviving family members may have a wrongful death claim against the responsible provider, hospital, or medical facility.
Workplace Accidents
Fatal workplace accidents involving falls, heavy equipment, and hazardous conditions can give rise to wrongful death claims against employers, contractors, and equipment manufacturers in addition to workers compensation claims.
Pedestrian and Bicycle Accidents
Pedestrians and cyclists struck by vehicles have virtually no protection from the force of a collision. When a negligent driver causes a fatal accident, surviving family members can pursue a wrongful death claim against the responsible party.
Criminal Acts
When a person’s death is caused by an intentional act of violence, surviving family members may pursue a civil wrongful death claim against the responsible party regardless of whether criminal charges are filed or result in a conviction.
Wrongful Death Laws in California
California law gives surviving family members the right to pursue compensation after a wrongful death, but successfully recovering full compensation requires understanding who can file, what damages are available, and how California’s specific rules apply to your case.
compensation
Recoverable damages
Surviving family members can recover compensation for financial support the deceased would have provided, loss of gifts and benefits, funeral and burial expenses, and the value of household services the deceased would have contributed. California also allows recovery for loss of love, companionship, comfort, care, and moral support — recognizing that the impact of a wrongful death goes far beyond financial loss.
responsibility
Establishing fault
To succeed in a wrongful death claim, you must establish that the defendant owed a duty of care to the deceased, that they breached that duty, and that the breach directly caused the death. California law allows you to pursue multiple responsible parties simultaneously, which is critical in cases involving vehicle accidents, workplace incidents, and defective products.
Filing Deadline
Two-year statute of limitations
Two year statute of limitations In California, surviving family members generally have two years from the date of death to file a wrongful death lawsuit. If the death involved a government entity, that window can shrink to six months. Missing this deadline typically means losing the right to compensation entirely. Do not wait to consult an attorney.
insurance
Who can file
California wrongful death claims can be filed by a surviving spouse or domestic partner, children, and in some cases grandchildren and other dependents of the deceased. Parents of an unmarried deceased child may also have the right to file. Understanding who has standing to file is one of the first and most important steps in a wrongful death case.
Block Law serves clients throughout Southern California, including Orange County, Los Angeles, Riverside, and San Bernardino. If you suffered a burn injury anywhere in the region, our team is ready to review your case at no cost and advise you on your rights under California law.
Quick Facts
- Free consultations
- No fee unless we win
- We handle insurer communications
- Bilingual team available
Why Choose Block Law?
- Personalized attention from start to finish
- Free consultations. No fee unless we win.
- Available in English and Spanish
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