Losing a family member is one of the most devastating experiences a person can endure. When that loss happens unexpectedly because of someone else’s carelessness—whether in a car crash, due to a defective product, or from medical malpractice—the grief is often compounded by questions and a deep sense of injustice. While no amount of money can ever replace your loved one, California law provides a way for surviving family members to hold the responsible party accountable and seek stability for their future. This legal path is known as a wrongful death lawsuit.
A wrongful death lawsuit in California is a civil action that arises when a person dies as a direct result of another’s wrongful act or negligence. Understanding the components of this type of claim is the first step toward seeking the justice your family deserves. This guide is intended to provide a clear, compassionate overview of the process. The dedicated wrongful death attorneys at Kohan & Bablove Injury Attorneys understand that this is an unimaginable time, and we are here to provide the guidance and support needed to navigate the legal complexities while you focus on honoring your loved one’s memory.
Who is Eligible to File a Wrongful Death Claim in California?
When a family is grieving an unimaginable loss, the legal system can feel confusing and impersonal. One of the first questions that arises is who has the legal right, or “standing,” to take action. California law is specific about who can file a wrongful death lawsuit. The state establishes a clear hierarchy, granting the right to file a claim to those closest to the deceased and most directly affected by their death.
Spouses, Domestic Partners, and Children
The first and most direct group of individuals with the right to file a claim are the deceased person’s immediate survivors. This includes:
- The surviving spouse
- The registered domestic partner
- Surviving children (both biological and adopted)
These family members are presumed to have suffered the most significant personal and financial losses. They have the primary right to initiate a wrongful death lawsuit to seek justice and compensation for the loss of their loved one’s love, companionship, and financial support. If the deceased person’s children are no longer living, the deceased’s grandchildren may be eligible to file a claim.
Others Who Were Financially Dependent on the Deceased
If there is no surviving spouse, partner, or child, California law allows others who were financially dependent on the deceased to file a claim. This can include the deceased person’s parents, stepchildren, or a “putative spouse” (someone who had a good faith belief they were legally married). To be eligible, these individuals must demonstrate that they relied on the deceased for financial support. This area of the law can be complex, and proving financial dependence often requires the guidance of experienced wrongful death attorneys, who can help build a strong case showing the extent of the financial loss.
Proving the Elements of a Wrongful Death Case
To be successful, a wrongful death lawsuit in California must be built on a solid legal foundation. It’s not enough to state that a tragic death occurred; you must prove that another party’s wrongful actions directly caused it. Think of these as the essential pillars that must be constructed to support your family’s pursuit of justice. Every wrongful death case, whether it involves a negligent driver or a careless doctor, rests on proving three critical elements: a duty of care, a breach of that duty, and causation.
Showing a Duty of Care Was Owed
The first step is to establish that the person or entity responsible for the death owed a legal “duty of care” to your loved one. This means they had a legal obligation to act with reasonable caution to avoid causing harm. For example, all drivers on the road have a duty to operate their vehicles safely to protect other motorists, pedestrians, and cyclists. A doctor has a duty to provide a standard level of medical care to their patients.
Proving a Breach of That Duty (Negligence or Intentional Act)
Next, your wrongful death attorneys must prove that the at-fault party “breached” or violated that duty of care. This is the wrongful act itself. A breach can be an act of negligence (carelessness) or a deliberate, intentional act. A driver texting while behind the wheel, a surgeon making a preventable error, or a property owner failing to fix a known hazard are all examples of a breach of duty. This element demonstrates that the other party failed to act as a reasonably prudent person would have under similar circumstances.
Demonstrating Causation
Finally, you must draw a direct line between the breach of duty and your loved one’s death. This is known as causation. It must be proven that “but for” the defendant’s wrongful act, the death would not have occurred. For instance, you must show the car accident caused by the distracted driver directly led to the fatal injuries. This link cannot be speculative; it must be clear and provable with evidence, which often requires accident reconstruction, expert testimony, and medical records to definitively establish that the defendant’s actions were the legal cause of the tragic outcome.
Types of Damages You Can Recover
While no financial award can ever make up for the loss of a family member, a wrongful death lawsuit in California is designed to provide financial stability for the surviving family and hold the negligent party accountable. The compensation, or “damages,” sought in these claims are divided into two main categories: economic and non-economic losses. Understanding what you are entitled to is a critical step in seeking justice for your loved one.
Economic Damages (Lost Income, Funeral Expenses)
Economic damages represent the tangible and calculable financial losses your family has suffered and will suffer due to the death. The goal is to restore the family to the financial position they would have been in had their loved one survived. These damages often include:
- The loss of future income and financial support the deceased would have provided.
- The loss of benefits or gifts the family would have received.
- The cost of funeral and burial expenses.
- Medical bills incurred by the deceased from the time of the injury until their death.
- The value of lost household services, such as childcare or home maintenance.
Non-Economic Damages (Loss of Companionship, Love, and Support)
Non-economic damages are meant to compensate for the profound and personal human losses that do not have a set price tag. These are often the most significant part of a wrongful death claim, as they acknowledge the immense emotional impact on the family. This includes compensation for the loss of the deceased’s:
- Love, companionship, and affection.
- Comfort, care, and protection.
- Moral support and guidance.
- Intimate relations (for a spouse or partner).
Experienced wrongful death attorneys are essential for articulating the depth of these intangible losses to an insurance company or jury.
The Compassionate Guidance of Kohan & Bablove
During a time of unimaginable grief, the thought of navigating a legal claim can feel overwhelming. At Kohan & Bablove Injury Attorneys, we understand that your family needs more than just a lawyer; you need a supportive and compassionate advocate. Our entire approach is built around providing steadfast guidance through the complexities of a wrongful death lawsuit in California, allowing you to honor your loved one’s memory.
We Handle the Legal Burdens So You Can Focus on Healing
Your family’s priority should be supporting one another, not deciphering legal documents or facing aggressive insurance adjusters. Our dedicated wrongful death attorneys step in immediately to shoulder these burdens. We manage every detail—from launching a thorough investigation and gathering evidence to handling all communications and meeting critical court deadlines. We take on the legal fight so your family has the space and peace to begin the healing process.
Pursuing Justice with Dignity and Determination
While we lead with compassion, we are fierce in our pursuit of accountability. Seeking justice for your loved one is our unwavering mission. We approach every case with the profound respect your family deserves, ensuring the legal process is handled with dignity. At the same time, we are relentless in our determination to hold the at-fault parties responsible for the immense harm they have caused. We fight to secure the financial stability your family needs to face the future, providing a measure of closure.
How long do we have to file a wrongful death lawsuit in California?
Generally, your family has two years from the date of your loved one’s death to file a lawsuit. However, this deadline can be much shorter (often just six months) if the claim is against a government entity. It is absolutely critical to speak with an attorney as soon as possible to protect your family’s rights.
What is the difference between a wrongful death lawsuit and a criminal case?
A criminal case is brought by the state to punish a wrongdoer with penalties like jail time. A wrongful death lawsuit is a separate, civil action brought by the family to obtain financial compensation for their losses. A civil case can be won even if there are no criminal charges filed, or if the defendant is found not guilty in criminal court.
Will our family have to go to court?
While we prepare every case as if it will go to trial, the vast majority of wrongful death claims are resolved through a settlement before ever reaching a courtroom. Our wrongful death attorneys build a powerful case to pressure the insurance company into offering a fair settlement, but we are always ready to fight for you in court if necessary.
How can our family afford to hire a wrongful death attorney during this difficult time?
We understand that finances are a major concern. Our firm handles wrongful death lawsuits on a contingency fee basis, meaning you pay no upfront costs or attorney’s fees. We only get paid a percentage of the compensation we successfully recover for your family; if we don’t win, you owe us nothing.
What kind of compensation can our family receive?
You can seek compensation for both economic and non-economic losses. This includes economic damages like lost future income and funeral expenses, as well as non-economic damages for the profound loss of your loved one’s love, companionship, support, and guidance.
Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.
