What a wrongful death attorney does in California
A wrongful death attorney in California represents the family members or estate of someone who died because of another person's or company's negligence, recklessness, or intentional act. The attorney's job is to investigate what happened, prove liability, and negotiate or litigate for money damages on behalf of the people legally may have access to to recover—usually a spouse, children, or parents.
California law limits who can file a wrongful death claim and in what order. A surviving spouse or domestic partner can file. If there is no spouse, adult children can file. If there are no children, parents can file. If none of these exist, the court may allow other heirs or the estate itself to file. An attorney will tell you whether you have legal standing to bring the claim and who should be named as the plaintiff.
The attorney handles the entire process: sending written requests for evidence to the defendant and their insurance company, taking depositions (recorded statements under oath), hiring experts to explain how the death occurred, and preparing for trial if settlement talks fail. They also manage the statute of limitations—in California, you generally have two years from the date of death to file a wrongful death lawsuit, though some circumstances can extend or shorten this important date.
Key Takeaways
- California law specifies who can file a wrongful death claim in a strict order: surviving spouse or domestic partner first, then adult children, then parents, then other heirs.
- You have two years from the date of death to file a wrongful death lawsuit in California, though some situations may change this timeline.
- An attorney investigates the death, proves the defendant was at fault, and recovers money for medical bills, lost income, funeral costs, and the family's loss of companionship.
- Most wrongful death cases settle before trial, but an attorney must be prepared to litigate if the insurance company or defendant refuses a fair offer.
- You typically pay the attorney only if they recover money for you—this is called a contingency fee arrangement.
Types of wrongful death cases California attorneys handle
Wrongful death claims arise from many different circumstances. Vehicle accidents are among the most common—a drunk driver, a speeding driver, or a driver who ran a red light kills someone, and the family sues the driver and their insurance company. Medical malpractice wrongful death cases involve a surgeon, hospital, or other healthcare provider whose negligence or error caused death. Workplace accidents can lead to wrongful death claims when an employer or third party failed to follow safety rules.
Product liability wrongful death cases occur when a defective product—a faulty airbag, contaminated medication, or unsafe machinery—causes death. Premises liability cases involve a death that happened on someone else's property because of a dangerous condition the owner knew about or should have known about—a collapsed balcony, inadequate security leading to assault, or a fall from a poorly maintained staircase. Nursing home neglect is a growing category in which a resident dies because staff failed to provide proper care, medication, or supervision.
Each type of case requires different informed. An attorney who regularly handles medical malpractice wrongful death claims will know how to hire the right medical experts and understand the standard of care. An attorney experienced in vehicle accidents will know how to obtain police reports, traffic camera footage, and accident reconstruction experts. Choose an attorney whose experience matches the type of death you are dealing with.
What damages can you recover in a California wrongful death case
California law allows the family to recover several categories of damages. Economic damages include the medical and funeral expenses paid before death, the lost income and benefits the deceased would have earned over their remaining lifetime, and the cost of services the deceased would have provided (such as childcare or household work). These are calculated based on the person's age, earning history, and life expectancy.
Non-economic damages cover the family's loss of companionship, comfort, care, and society—the emotional harm of losing a loved one. California does not cap these damages in wrongful death cases, though the jury must base them on evidence rather than guessing. An attorney will present testimony from family members, photos, and other evidence to help the jury understand the depth of the relationship and the impact of the loss.
You cannot recover punitive damages (extra money meant to punish the defendant) in most wrongful death cases, even if the defendant acted recklessly. There are narrow exceptions for cases involving a specific type of intentional act, but these are rare. An attorney can tell you whether your case might may have access to.
How to find and evaluate a wrongful death attorney in California
Start by asking for referrals from people you trust—friends, family members, or your regular attorney if you have one. You can also search the State Bar of California's website to verify that an attorney is licensed and to check for any disciplinary history. Look for attorneys who list wrongful death or personal injury as a practice area and who have handled cases similar to yours.
When you contact an attorney, ask about their experience: How many wrongful death cases have they handled? How many went to trial versus settling? What was the outcome? Ask whether they work on contingency (meaning you pay nothing upfront and they take a percentage of any recovery) or whether they charge hourly fees. Most wrongful death attorneys work on contingency, but confirm this before you hire.
During an initial consultation, pay attention to whether the attorney listens to your story, asks detailed questions, and explains the process in language you understand. Red flags include an attorney who promises a specific outcome, who pressures you to sign when ready, or who seems more interested in rushing you than in understanding your case. A good attorney will give you time to decide and will answer your questions clearly.
The timeline and process for a California wrongful death case
After you hire an attorney, they will begin investigating when ready. This phase typically takes two to four months and includes obtaining the police report, medical records, witness statements, and any video or photographic evidence. The attorney may hire experts—a medical examiner, an accident reconstructionist, or an engineer—to review the evidence and form opinions about what caused the death and who was at fault.
Once investigation is complete, the attorney sends a demand letter to the defendant's insurance company. This letter explains who was at fault, what damages the family has suffered, and how much money the family is seeking. The insurance company then has time to respond, usually 30 to 60 days. If they make an offer, your attorney will advise you on whether to accept it or continue negotiating.
If settlement talks stall, the attorney will file a lawsuit in the California court where the death occurred or where the defendant lives. This triggers the discovery phase, in which both sides exchange documents and take depositions. Discovery typically lasts six to twelve months. If the case does not settle during or after discovery, it will be scheduled for trial, which may occur one to three years after the lawsuit is filed. Most cases settle before trial, but your attorney must be prepared to present your case to a jury if necessary.
Questions to ask before hiring a wrongful death attorney
Before you commit to working with an attorney, ask these questions: What is your contingency fee percentage, and does it change if the case goes to trial? Will you advance the costs of investigation, experts, and court filing, or will I owe those upfront? How often will you update me on the case's progress? Who will be the main attorney working on my case, or will it be handled by a team? Do you have experience with cases involving [the specific type of death—medical malpractice, vehicle accident, etc.]?
Also ask: What is your assessment of the strength of my case, and what are the risks? What is a realistic timeline for resolution? Have you handled cases against [the specific defendant or type of defendant—a hospital, a trucking company, etc.] before? These answers will help you understand what to expect and whether this attorney is the right fit for your family.
Frequently Asked Questions
Can I file a wrongful death claim if the person who caused the death was never charged with a crime?
Yes. A criminal conviction is not required for a wrongful death civil case. The standard of proof is lower in civil court—you need to show it is more likely than not that the defendant was at fault, rather than proving guilt beyond a reasonable doubt. Many wrongful death cases proceed even when no criminal charges were filed or when criminal charges were dismissed.
What if the person who died had some responsibility for the accident?
California follows a rule called comparative negligence. If the deceased was partly at fault, the family's recovery is reduced by that percentage. For example, if a jury finds the deceased was 20 percent at fault and the defendant 80 percent at fault, the family recovers 80 percent of the damages. An attorney will explain how comparative negligence might affect your case.
How much does it cost to hire a wrongful death attorney?
Most wrongful death attorneys work on contingency, meaning you pay nothing upfront and the attorney takes a percentage of any settlement or judgment—typically 25 to 40 percent depending on the attorney and the complexity of the case. You may also owe costs for investigation, informed witnesses, and court filing, which the attorney usually advances and deducts from the final recovery.
What if I missed the two-year important date to file?
In most cases, you cannot file after two years have passed. However, some narrow exceptions exist—for example, if the defendant was out of state or if the death was not discovered when ready. Contact an attorney right away if you think you may have missed the important date; they can review your specific situation and tell you whether an exception might explore.
Can multiple family members file separate wrongful death claims?
No. California law requires that one wrongful death claim be filed on behalf of all may be able to access heirs. The money recovered is then distributed according to California's inheritance laws. An attorney will explain who is may have access to to a share and how the recovery will be divided.