Serving Clients throughout the State of California
What Happens When a Loved One is Taken from You?
The toll of losing a loved one can be both emotionally and financially devastating. Depending on the circumstances, the surviving loved ones of a person who passed away may be able to seek compensation for losses. The damages secured by such a settlement or verdict can range from a variety of incurred and future expenses related to the death. As dedicated wrongful death lawyers in California with more than 20 years of experience helping the injured and their loved ones recover compensation, the team at BD&J aims to bring justice to those whose loved one’s death has occurred because of wrongdoing.
What are Common Wrongful Death Cases?
A wrongful death occurs when someone’s life is lost through the negligence or fault of somebody else. Some common types of wrongful death cases our California wrongful death attorneys have represented include:
Car Accidents
With more than 27.9 million registered drivers in California, fatal car accidents are among the most common causes of wrongful death. Many fatal collisions result from the negligent acts of one or more drivers, such as driving under the influence, speeding, or driving distracted while on their phone or looking elsewhere. Road issues, lack of proper signage, and fallen debris from trucks or roadwork can also cause car accidents.
Medical Malpractice
Medical professionals, such as doctors, nurses, anesthesiologists, and pharmacists, sometimes make mistakes or act in a negligent manner, and this may result in wrongful death. Misdiagnosis, treatment delays, surgical errors, medication prescription errors, or procedural mistakes are common causes of wrongful death. California ranks as one of the states with the most medical malpractice payouts in the country, with about 1,074 payouts completed in 2024.
Premises Liability
Premises liability can apply to people who own or occupy a home, commercial building, or other property and have a duty-of-care obligation to visitors, employees, and other bystanders. Depending on their legal status on the property, a visitor may be the victim of wrongful death if a hazard or risk on the property results in fatal injury or harm.
Construction Accidents
While most occupations typically hold some risk, construction and manual labor jobs typically see higher rates of workplace injury. Whether due to employer negligence, worker errors, or other factors, construction settings present serious risks to workers, such as electrocution, explosions or fires, overexertion injuries, slips and falls, and falling debris. According to the U.S. Bureau of Labor Statistics, construction accidents accounted for the highest number of workplace fatalities in 2023.
Criminal Acts
If someone’s unlawful acts lead to the death of another, they may be subject to criminal penalties and a wrongful death lawsuit. Defendants can still be liable for wrongful death even if they’re found not guilty of their criminal charges.
Hold liable parties accountable for their criminal actions in the aftermath of a wrongful death. Call BD&J to get started.
Product Liability
Engineers, manufacturers, distributors, wholesalers, retailers, and other parties belonging to the manufacturing and sale chain are responsible for the safety of products before they’re delivered to consumers. Any level of the chain can be liable for product design flaws, the undisclosed presence of harmful substances, faulty parts, or other issues that lead to death, whether directly or indirectly.
Who Can File a Wrongful Death Lawsuit in California?
The following parties may be able to pursue compensation following a wrongful death:
- Immediate family members (including children (biological, stepchildren, and adopted children), siblings, and parents)
- Life partners or putative spouses
- Any party financially dependent on the deceased (both family members and extended family)
Financial loss is not only constrained to family members of the deceased. Anyone who was financially dependent on the victim may be eligible for compensation, provided they can prove that their livelihood was directly tied to the deceased. In some cases, who can file a case may depend on intestate succession rules, especially when there is no surviving spouse, domestic partner, or child. You need to protect your rights by having a skilled wrongful death attorney in California advocating for your interests.
What Can Compensation from a Wrongful Death Lawsuit Be Used For?
While compensation can’t ever cover the painful loss of a loved one, it can allow financial relief during the grieving process. Compensation from a wrongful death lawsuit can be used to cover:
- Funeral expenses
- Past medical expenses from treatments and hospital stays related to the injuries
- Any ambulance fees, if applicable
- Financial support for dependents of the deceased if the deceased was the sole breadwinner for the family
Are expenses after a loved one’s wrongful death weighing down your family? Call BD&J to connect with a wrongful death lawyer in California.
How Is a Wrongful Death Claim Proven in California?
To prove a wrongful death claim in California, you generally need to show that:
- The defendant owed your loved one a duty of care (for example, to drive safely, provide reasonably safe property conditions, or follow appropriate medical standards).
- The defendant breached that duty by acting carelessly, violating safety rules, or otherwise failing to meet the required standard of conduct.
- The breach directly caused the death (meaning there is a clear link between the defendant’s conduct and the fatal harm).
- Your family suffered financial losses as a result of the death.
In some cases, the defense may argue comparative negligence—that someone else (including the decedent) shared fault. California follows a pure comparative negligence system, which can reduce damages based on fault allocation rather than automatically rejecting your claim to compensation.
How Wrongful Death Compensation Is Calculated
A wrongful death case value can depend on the specific facts and evidence in your case. Factors that can affect compensation include your loved one’s lost earnings and expected future income, the level of financial dependency and support provided to surviving family members, age and life expectancy, the value of lost services and support in the household, and how fault is allocated among defendants (and any comparative negligence arguments).
Many wrongful death cases resolve through settlement, but the process still requires compassionate representation, strong evidence, and careful damage documentation. You can typically expect a period of investigation and claim-building, negotiations with insurance carriers or defense counsel, and (if a fair settlement isn’t offered) the option to proceed toward trial.
What Parties Could Be Potentially Liable for a Wrongful Death?
In the event of a wrongful death, many types of parties and entities may be held responsible. Depending on the type of wrongful death accident, some of the potential liable parties could include:
- Other Drivers – In the case of other drivers who were driving recklessly (running red lights, failing to yield, etc.), driving distracted, or even driving under the influence of drugs and alcohol, resulting in an accident, they could be held liable.
- Property Owners – If a person slipped and fell on a property, or passed away due to injuries from unsafe property conditions, property owners and managers could be responsible for failing to maintain the property safely.
- Businesses and Corporations – If your loved one passed away due to a workplace accident from inadequate safety conditions or training, unsafe property conditions, or similar incidents, a business or corporation could be held responsible for ensuing expenses.
- Government Agencies – Incidents of police or federal agent brutality, improper road designs that caused car accidents, or even specific premises liability incidents can fall into the hands of local government and government agencies.
- Hospitals – In the case of medical malpractice, like misdiagnosis, failure to treat on time, and surgical errors, hospitals and health providers can be deemed directly responsible for patient harm.
- Manufacturing Companies – When wrongful death is caused by flaws in product designs, faulty parts, or similar instances, a manufacturing company in charge of designing, creating, and distributing the products could be held liable.
The defining quality comes down to who was responsible for causing the wrongful death. Whether through negligence or intentional wrongdoing, responsible parties may be held accountable.
What are the Types of Recoverable Wrongful Death Damages?
There are 3 different categories that can be collected upon in the event of a prevailing wrongful death suit:
- Economic Damages: These damages are subject to and limited to the financial contributions of the wrongfully deceased. These economic damages may be inclusive of an inheritance, future earnings, medical expenses, funeral costs, and any other quantitative monetary contributions made by the individual.
- Non-Economic Damages: These damages are non-quantitative costs that may be incurred in the event of a wrongful death. This may include monetary retributions for pain and suffering of the deceased’s loved ones, including but not limited to: Emotional and mental anguish, loss of care, loss of relationship, loss of love, and other forms of general pain and suffering. California does have a max cap on non-economic damages for wrongful death lawsuits in the case of medical malpractice, which cuts off at $650,000.
- Punitive Damages: These damages exist to punish the defendant for excessively negligent or careless behavior. Punitive damages are intended to financially burden the defendant by means of an overwhelming verdict.
Wrongful Death Claim vs. Survival Action in California
Although wrongful death claims and a survival action may be pursued simultaneously, they are separate legal concepts and can compensate for different losses:
- Wrongful death lawsuit – This is filed on behalf of the deceased person’s estate, and it awards compensation to the deceased’s surviving family. The compensation depends on various elements, such as the impact of the economic loss and financial insecurity, emotional damages, and the ages of the deceased’s children.
- Survival claim – This type of lawsuit is filed on behalf of the victim, but the compensation includes the victim’s damages, should they have survived. These damages can include the deceased person’s lost earnings and medical expenses. Survival claims are common when the initial incident doesn’t immediately result in fatality. For instance, the victim of a car accident may not have succumbed to their injuries right away. Damages are paid to the deceased person’s estate, which then distributes the amounts as per the will to its beneficiaries.
How to File a Wrongful Death Claim in California: Step-by-Step
After losing a loved one, you may be feeling distraught and overwhelmed by grief. Making their story heard and fighting for compensation can be done by:
- Gather and preserve evidence. This can include medical documentation, receipts of expenses, an autopsy report, and a police report if appropriate.
- Contact BD&J for a free, confidential case review. You can reach our team 24/7 to discuss what happened and learn what your next steps may look like.
- Schedule your consultation with a California wrongful death attorney. We’ll review what you have, answer questions, and explain how wrongful death and estate-related claims may apply to your situation.
- Let BD&J investigate and build your case. Our team can work to identify all potentially liable parties, collect records, consult experts when needed, and document damages.
- Pursue a settlement or prepare for trial. BD&J will negotiate for full and fair compensation—and if the other side won’t do the right thing, we prepare every case as though it may go to trial.
Frequently Asked Questions
How Long Do I Have to File a Wrongful Death Lawsuit?
Most wrongful death lawsuits must be filed within 2 years of the person’s death. However. If the lawsuit is against a government agency, then this claim must be filed within 6 months from the date of death. If the death was a result of medical malpractice, the claim must be filed 3 years from the date of the injury, or 1 year from the date the plaintiff learned about the injury, whichever is the earliest date.
Can I Still File a Wrongful Death Claim After the Statute of Limitations Has Passed?
No. Any claim filed after the statute of limitations has passed is typically dismissed and is no longer eligible for compensation.
Can I Recover Compensation for My Loved One’s Pain and Suffering Before They Passed Away?
No, recovering compensation for a loved one’s pain and suffering before they passed away is no longer possible due to the expiration of California’s SB 447 effective January 1st, 2026.
Is Wrongful Death Difficult to Prove?
Wrongful death is a complex case to prove, but it can be done. As a plaintiff, you must be able to prove beyond a reasonable doubt that your loved one’s death was directly caused by negligence and a breached duty of care from the defendant.
Can I file a wrongful death claim if I am not a U.S. citizen?
Yes. Immigration status does not bar an otherwise eligible wrongful death claim in California. The defense cannot legally inquire about your immigration status, much less use it as grounds to reduce your compensation in California. While informing your attorney of this information can help provide the whole picture for your case, you are under no obligation to answer questions related to your immigration status. Remember: anything you tell your wrongful death lawyer is protected by attorney-client confidentiality.
Can a sibling file a wrongful death lawsuit in California?
In some cases, yes. A sibling’s right to recover can depend on heir status under California intestate succession rules and whether there is a surviving spouse, domestic partner, or child.
Will my wrongful death case go to trial or settle?
Many wrongful death cases settle, but not all do. BD&J prepares every case as though it may go to trial, so you’re positioned to demand fair compensation during negotiations and in court, if needed.
What is the difference between a wrongful death claim and a workers’ compensation claim?
Workers’ compensation is typically the exclusive remedy for job-related injuries or death caused by an employer’s negligence, but wrongful death claims may still be possible against third parties (such as subcontractors, drivers, property owners, or product manufacturers) whose negligence contributed to the death.
How Can Liability for a Wrongful Death Claim Be Established?
Liability for a wrongful death lawsuit can be established with the use of medical documentation of injuries, an autopsy report, photos or videos of the accident scene and injuries, as well as testimony from any bystanders who witnessed the event or expert witnesses who could further support the severity of your loved one’s injuries leading to death.
Is it Expensive to Work with a California Wrongful Death Attorney from BD&J?
At BD&J, we know the financial and emotional strain that wrongful death cases place on families. This is why we work on a contingency fee basis, which means we advance all the case costs to clients and only obtain payment from the final compensation amount after a case has settled. In other words, no fees until we win*.
Call BD&J to get started on your wrongful death claim today.
Contact BD&J’s California Wrongful Death Attorneys Today
With more than 20 years of serving families across California and more than $3 billion* recovered in compensation, BD&J brings the experience and resources needed to handle complex, high-stakes wrongful death cases. If you believe negligence or wrongdoing caused your loved one’s death, contact us for a free, confidential case evaluation—our team is available 24/7 to help you take the next step.
