California Wrongful Death Lawsuit 2025 – All You Need to Know

Losing a loved one because of someone else’s negligence can be especially traumatizing and painful. In California, families who have lost someone to such circumstances may have the legal right to file a wrongful death claim. This civil claim can provide family members with financial compensation for their loss. To be successful, it’s important to understand how a California wrongful death lawsuit works.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil legal action brought by the survivors of a deceased person against the negligent party who caused the death. Unlike criminal cases, which are prosecuted by the state and result in jail time and fines, wrongful death claims are aimed at strictly compensating the family for the loss.

California law allows certain individuals to sue for damages when a person dies due to wrongful acts or negligence.

Common Causes of Wrongful Death

Wrongful death can occur in many instances. Some of the most common causes of wrongful death include:

• Car, motorcycle, and truck accidents
• Pedestrian and bicycle accidents
• Medical malpractice
• Defective products
• Workplace accidents
• Criminal acts
• Elder abuse
• Construction accidents

From 2022 to 2023, California saw 40,102 total filings for wrongful deaths. Los Angeles County reported the most claims at 17,422, and Orange County reported the second-most claims in the state at 3,261.

Of the 15 leading causes of death in the U.S., accidents with unintentional injuries ranked third, with a rate of 68.1 to 100,000 people in 2018-2022.

Who Can File a Wrongful Death Claim?

Not everyone close to the deceased has the legal right to file a wrongful death claim. California law only allows certain individuals to pursue wrongful death compensation:

• Immediate family members. This includes the surviving spouse or domestic partner, children of the deceased, and grandchildren if the deceased’s children have also passed.
• Financial dependents or heirs. If there are no other surviving members of the deceased’s immediate family, then the right to file may extend to individuals who would be entitled to the deceased’s property under intestacy laws. These include:
  • Parents
  • Siblings
  • Putative spouse, or a person who believed in good faith that they were married to the deceased
  • Stepchildren
  • Legal guardians

In some cases, multiple parties may join together in a single claim, but only one wrongful death claim is permitted for a wrongful death case.

Compensation for Wrongful Death Claims

Wrongful death claims aim to financially compensate the surviving family for both economic and non-economic losses caused by the death.

Economic damages include:

• Loss of the deceased’s expected financial contributions
• Funeral and burial expenses
• Loss of household services, such as cleaning and childcare
• Medical bills for the deceased’s final care

Non-economic damages include:

• Loss of companionship, love, and affection
• Loss of mentorship or guidance
• Emotional pain and suffering, which may be limited under some circumstances

California law does not cap the amount of damages recoverable for wrongful death cases, except for medical malpractice claims, where non-economic damages are capped.

The Process of a Wrongful Death Claim

When you’re preparing to file a California wrongful death claim, it’s important to consult a knowledgeable attorney. A wrongful death lawyer can evaluate your case, determine if it’s viable, and identify all possible defendants.

Your attorney can then investigate the evidence, including accident reports, witness statements, medical records, and more. Once sufficient evidence is collected, they can file a formal complaint in civil court. For Orange County residents, this would occur at the OC Civic Center at 751 West Santa Ana Blvd. in Santa Ana.

Both sides then exchange information, documentation, and witness testimony, which can take time. Most wrongful death claims are resolved through settlements without going to trial. If a settlement cannot be reached, the case can go to trial, where a judge or jury will determine liability and compensation for damages.

FAQs

What Is the Average Settlement for Wrongful Death in California?

In California, wrongful death settlements vary significantly. Factors involved in determining settlements include the age of the deceased, whether they had dependents, and any other circumstances surrounding the death. Economic damages should cover lost future earnings, funeral expenses, and the loss of support. In the case involved egregious negligence or misconduct, punitive damages may be awarded.

What Is the New Law in California for Wrongful Death?

A recent change in California’s wrongful death law expands the types of damages recoverable in certain cases. Families can now seek compensation for the decedent’s pain, suffering, and disfigurement, which was previously not allowed. This new provision gives survivors a more complete opportunity for justice, especially in cases involving prolonged suffering before death.

What Is Considered a Wrongful Death in California?

Wrongful death in California occurs when an individual perishes due to the reckless, negligent, or intentional acts of another party. This can result from car accidents, medical malpractice, workplace incidents, or defective products. Criminal acts also fall under this category. The law allows certain surviving family members, such as spouses, children, or dependent parents, to file a claim seeking compensation for economic and emotional losses.

What Is the One-Action Rule for Wrongful Death in California?

California’s one-action rule in wrongful death cases means that all eligible heirs and beneficiaries must join together in a single wrongful death case. The law prohibits multiple or separate claims for the same death. This helps avoid inconsistent outcomes or duplicate claims. A wrongful death attorney can coordinate this joint claim and make sure each eligible party’s rights are represented.

Contact a California Wrongful Death Lawyer

The experienced team at Corrales Law Group can navigate the complexities of a California wrongful death claim. We understand that this is a difficult time for you and your family. Our team handles all legal paperwork and court filings. We can then investigate your case and work to prove liability. Our attorneys can negotiate with insurance companies on your behalf and represent you in court if a fair settlement cannot be reached out of court.

Contact us today to schedule a consultation so we can begin evaluating your case. Our firm can get your family the justice and financial compensation you need to cover expenses during this hard time.