RTM Law represents family members across California reeling in the aftermath of a wrongful death. If negligence costs your family the life of a loved one, we can explain your rights and help you pursue justice.
When a Death Could Have Been Prevented, California Law Provides a Path Forward
A sudden death leaves families to wrestle with the financial fallout, insurance demands, and legal implications of their loss at a time when they still need space to breathe. California law, however, does provide eligible family members a path to accountability with the filing of a wrongful death lawsuit.
If your family is facing this kind of loss, RTM Law can help ease the pressure. We can investigate what happened, deal with the insurance companies, and protect your rights while you are still grieving. Our work is to pursue justice with care, discipline, and respect for what your family is going through.
If you lost a loved one and believe someone else’s conduct was responsible, please call us for a free consultation.
Wrongful Death Under California Law
In California, a wrongful death claim may be filed when a person dies because of another person’s or entity’s wrongful act or neglect. The claim is brought by certain surviving family members, or by the personal representative of the person who died, under California’s wrongful death statute.
A wrongful death lawsuit is a civil claim that provides family members a way to seek accountability and financial support after the loss of their loved one.
Who Can File a Wrongful Death Lawsuit in California?
California law gives certain family members the right to file a wrongful death lawsuit after the loss of a loved one.
The right to file usually begins with the person’s closest surviving family members, including:
- A spouse
- A registered domestic partner
- Children
In some families, grandchildren may also have rights. This usually comes up when their parent, who was the deceased person’s child, has already passed away. When the person who died did not leave behind a spouse, registered domestic partner, children, or grandchildren, the right to file may pass to other family members who would inherit from them under California probate law.
Some people may also have the right to file if they relied on the person who died for financial support. This may include stepchildren, parents, or a minor who lived in the person’s home and depended on them for support.
Family relationships are not always simple on paper. Blended families, unmarried partners, separated spouses, adult children, stepchildren, and relatives with complicated histories may all have real questions about where they stand. California law looks at both family connection and, in some situations, financial dependence.
RTM Law can help cut through assumptions about who may file and who should be included in the claim. We handle these sensitive conversations with the utmost care, consideration, and respect for what you are going through.
California’s One-Action Rule Can Affect the Whole Family
California courts require eligible claimants in a wrongful death case to bring their claims in a single lawsuit. Courts call this the one-action rule.
That means each family member’s claim is handled in a single case. Each eligible claimant may have their own loss and relationship to the person who died. The one-action rule consolidates those claims so the court can address them in a single lawsuit.
This can be hard for families. Some relatives may live far apart. Some may have been closer to your loved one day to day. Some may have complicated relationships with each other. Some may agree on what should happen next, while others may need more time.
RTM Law helps bring order to that process. We can help identify the parties who may have an interest in filing and help coordinate your interests.
Filing Deadlines for Wrongful Death Cases in California
In most California wrongful death cases, the family has two years from the date of death to file a lawsuit. This deadline comes from California’s statute of limitations, which applies to claims for death caused by another person’s wrongful act or neglect.
A shorter deadline applies when a public entity may be responsible. If the death involved a public vehicle, unsafe public road, public property, public hospital, or another government-related issue, California’s government claim deadline generally requires a written claim within six months.
RTM Law tracks the filing dates that may apply to your family’s claim. We identify all notice requirements, prepare the required filings, and keep the case moving before important deadlines pass. We also review facts that may affect timing, including the date of death, who may be responsible, whether a public entity is involved, and whether more than one claim needs to be filed.
Wrongful Death vs. Survival Actions: Key Distinctions Under California Law
A wrongful death claim and a survival action can come from the same loss of life, but they belong to different people and cover different damages.
A wrongful death claim belongs to the eligible family members. It focuses on what the family lost after their loved one died. That may include financial support, household help, funeral costs, companionship, guidance, and other losses California law allows.
A survival action belongs to the estate. It focuses on certain losses the person suffered before death, such as medical bills, lost wages before death, pain and suffering, and property damage. It may also include penalties or punitive damages when the facts support them.
Under California’s survival action statute, the claim may be brought by the personal representative of the estate or the person’s successor in interest. Some families need both a wrongful death claim and a survival action. RTM Law can review whether both should be considered in your family’s case.
Compensation in a California Wrongful Death Lawsuit
No amount of money can replace the person your family lost. A wrongful death claim is meant to help ease the financial burden of that loss and recognize the value of the relationship California law allows families to protect.
Wrongful death compensation may include:
- Funeral and burial expenses
- Financial support your loved one would have provided
- The value of household services, such as childcare, transportation, home care, or other daily support
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- Loss of training and guidance for children
- Loss of benefits or support tied to your loved one’s work
The value of the claim depends on the family’s losses, the available insurance or assets, and the evidence showing how the death happened. We document both the financial impact and the personal loss your family is carrying.
Liability Still Matters in a Wrongful Death Case
In a wrongful death case, the loss is clear. Your loved one is gone. The legal case still requires proof that another person, company, property owner, driver, medical provider, or other party caused the death through negligence or wrongful conduct.
That means we must show what happened, who owed a duty of care, how that duty was broken, and how that conduct led to the death.
For example, in a fatal crash, liability may depend on speed, distraction, impairment, right-of-way, vehicle movement, roadway conditions, or driver behavior. In a premises liability case, it may depend on maintenance history, prior complaints, lighting, security, inspections, or who controlled the property.
California also applies a comparative fault standard. If the person who died is assigned a share of fault, the family’s recovery may be reduced by that percentage. Insurance companies and defense lawyers may still raise blame-shifting arguments, even after a death.
RTM Law builds the liability side of the case with care. We review the evidence, identify who may be responsible, and work to answer defense arguments that try to reduce the family’s claim.
Why Trust Your California Wrongful Death Case to RTM Law?
- Statewide Reach
RTM Law represents families across California, with offices from Orange County to Central Valley. Our statewide reach helps us handle investigations, court filings, local records, and insurance communication across the state.
- Serious Case Preparation
Wrongful death cases require careful proof. We study the cause of death, liability evidence, insurance coverage, family losses, estate issues, and the defenses likely to come up. We prepare each claim with care from the beginning.
- Trial Readiness
We prepare serious cases with litigation in mind. When insurers dispute fault, minimize the family’s loss, or point the finger elsewhere, we build the record to put pressure on them.
- Boutique Attention With Strong Systems
RTM Law gives families direct, careful attention while using the systems needed to manage serious injury and wrongful death claims. You are kept informed, your questions are taken seriously, and your case is handled with great care.
- Advocacy for Autistic and Neurodivergent Clients
RTM Law is proud to represent autistic and neurodivergent clients and families. We adapt communication, intake, and case development to fit each client’s needs so their story is heard clearly and treated with respect.
- Free Consultation and No Upfront Fees
Your consultation is free. Wrongful death cases are handled on a contingency fee basis, which means there are no attorney’s fees unless we resolve your case in your favor.
RTM Law Serves California Families Statewide
Wrongful death cases can arise from fatal crashes, unsafe property conditions, workplace incidents, medical negligence, nursing home neglect, defective products, and other preventable events.
RTM Law handles wrongful death cases across California. We serve families through our offices in Santa Ana, Los Angeles, Bakersfield, Torrance, Victorville, and San Diego. Our statewide reach helps us handle local investigations, court filings, insurance communication, and the records needed to pursue a California wrongful death claim.
Frequently Asked Questions About California Wrongful Death Claims
Who can file if the family situation is complicated?
California law gives filing rights to certain family members and dependents. This may include a spouse, registered domestic partner, children, qualifying grandchildren, and others in specific situations. Blended families, unmarried partners, separated spouses, stepchildren, adult children, and relatives with complicated histories may all have real questions about where they stand.
Do we need probate or an estate opened to start?
Some wrongful death claims can be brought by eligible heirs. A survival action may require a personal representative or successor in interest. Whether probate is needed depends on the estate, the claim, and who is bringing the case. We will review the right path based on your family’s situation.
What if there is a criminal DUI case?
A civil wrongful death case can move separately from a criminal DUI case. The criminal case focuses on punishment. The civil case gives the family a way to seek accountability and financial support after the loss of their loved one. We can coordinate the civil claim with evidence from the criminal case when available.
What if multiple heirs disagree?
California courts require eligible heirs in a wrongful death case to bring their claims together in one lawsuit. Courts call this the one-action rule. When family members disagree, we can help identify who needs to be included, keep communication clear, and coordinate the family’s interests as the case moves forward.
Can parents file on behalf of a child?
Parents may have the right to bring a wrongful death claim on behalf of a child depending on the circumstances. These cases require careful handling because the loss affects the entire family in deeply personal ways.
How long does a California wrongful death lawsuit take?
The length of a case depends on the facts, the number of parties, insurance coverage, court deadlines, and whether the case resolves before trial. Learn more about the wrongful death lawsuit process.
How does fault work in a California wrongful death case?
A wrongful death claim still requires proof that someone else’s negligence or wrongful conduct caused the death. The loss may be clear, but liability can still be disputed. California also applies comparative fault, which means the family’s recovery may be reduced if the person who died is assigned part of the blame.
How long do families have to file?
Most California wrongful death lawsuits must be filed within two years from the date of death. A six-month government claim deadline may apply when a public entity is involved. RTM Law tracks the applicable filing dates and keeps the case moving before important deadlines pass.
How much does it cost to hire a wrongful death lawyer?
RTM Law offers free consultations for wrongful death cases. We handle these cases on a contingency fee basis, which means there are no attorney’s fees unless your case resolves in your favor. For more information, visit our page on how much it costs to hire a wrongful death lawyer.
Talk to a California Wrongful Death Attorney Today
If your family lost someone because of another person’s negligence, RTM Law wants to hear from you. We represent families in serious wrongful death cases across California and prepare each case with care, focus, and respect.
The consultation is free, and there are no attorney’s fees unless we win your case.
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