Who can bring a wrongful death claim in California
California Code of Civil Procedure section 377.60 allows a wrongful death claim by the deceased person’s surviving spouse or registered domestic partner, children, and, if there are none, the people who would inherit under intestate succession, such as parents. Stepchildren, parents, and others who were financially dependent on the deceased may also have a right to bring a claim. All claimants must generally join in one action, which is one reason to involve an attorney early: the family should speak with one voice.
A San Dimas wrongful death lawyer handles the legal side so the family does not have to, including the insurance calls that begin far too soon.
What a wrongful death claim recovers
Under section 377.61, the family can recover the economic and non-economic losses caused by the death:
- Financial support the deceased would have provided over a lifetime, and the value of household services.
- Funeral and burial expenses.
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, and for a spouse, loss of the marital relationship. California does not cap these damages in a wrongful death case.
A separate survival action under section 377.30, brought by the estate, recovers the losses the deceased suffered before death, such as medical bills, and, for deaths after January 1, 2022, the deceased’s own pain and suffering. We bring both claims together.
Deaths we handle
- Car, truck, and motorcycle crashes on the 210, 10, 57, and 71 and the surface streets of the San Gabriel Valley.
- Pedestrian and bicycle deaths, including hit-and-run.
- Rideshare and commercial vehicle crashes.
- Falls and premises deaths, and deaths caused by a dangerous condition of public property.
Insurance and the search for full coverage
A death claim almost always exceeds the at-fault driver’s policy, which in California can be as low as $30,000. We identify every source: the driver’s full limits, an employer’s commercial policy if the driver was working, the deceased’s own uninsured and underinsured motorist coverage, umbrella policies, and, in truck and rideshare cases, the seven-figure policies that apply. A time-limited policy limits demand is often the first step, and it puts the insurer at risk for the full value of the claim if it refuses.
The deadline to file is two years from the date of death under Code of Civil Procedure section 335.1. If a public entity is involved, a government claim must be presented within six months. We handle those deadlines quietly so the family does not have to think about them.
In our practice, the hardest wrongful death calls are the ones where the family accepted the at-fault driver’s policy limit in the first month, believing that was all there was, and then learned about the umbrella policy, the employer’s coverage, or their own underinsured motorist coverage after signing a release. Please do not sign anything before an attorney has looked for every policy.
Wrongful death claims in San Dimas
Fatal crashes in and around San Dimas are investigated by the CHP’s Multidisciplinary Accident Investigation Team on the freeways and by the Sheriff’s San Dimas Station on surface streets. The reports, the coroner’s findings, and the vehicle data take weeks to obtain, and we start requesting them immediately. Cases are filed in Los Angeles Superior Court, Pomona Courthouse South. We meet families at our office on Bonita Avenue or at their homes.
What families should do
- Refer every insurance call to an attorney. You are not required to speak with anyone’s adjuster.
- Keep the funeral, medical, and final bills. They are part of the claim.
- Preserve the deceased’s phone, vehicle, and any evidence from the scene.
- Gather the family: the claim is stronger, and simpler, when every heir is represented together.
- Call Morales Law Firm. The consultation is free and private, and there is no fee unless we recover.
If the death involved a commercial truck, our truck accident page explains the additional coverage that usually applies.
Frequently asked questions
Who can file a wrongful death claim in California?
The surviving spouse or domestic partner, the children, and if there are none, the heirs under intestate succession. Certain financially dependent relatives, including stepchildren and parents, may also qualify. Claimants generally must join in one lawsuit.
What can the family recover?
Lost financial support and household services, funeral and burial costs, and the loss of the relationship itself: love, companionship, guidance, and care. Through a survival action, the estate can also recover the deceased’s medical bills and pre-death pain and suffering.
How long do we have to file?
Two years from the date of death under Code of Civil Procedure section 335.1. Claims against a city, county, or other public entity must be presented within six months.
Is there a cap on wrongful death damages in California?
No, except in medical malpractice cases, which are governed by separate rules. In a crash or premises case, the family’s damages are not capped.
Does a criminal case against the driver affect our claim?
The civil claim is separate and can proceed regardless of whether the driver is charged or convicted. A criminal conviction can help the civil case, but it is not required.
What does it cost?
Nothing up front. Wrongful death cases are handled on a contingency fee, paid only from the recovery. The consultation is free and private.
