Losing a loved one in a car accident, motorcycle accident, truck accident, or other collision caused by another person’s negligence is a devastating and life-altering experience. California law allows the surviving family members of accident victims to pursue compensation through a wrongful death claim — but the legal process is complex and the emotional circumstances make having experienced legal guidance more important than ever. Attorney Anthony Girgis at Girgis Law Firm APC represents grieving families throughout the San Fernando Valley and Los Angeles County with compassion, professionalism, and aggressive advocacy. Here is what families need to know about wrongful death claims in California.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought by the surviving family members of a person who died as a result of another party’s negligent, wrongful, or intentional conduct. In California, wrongful death claims are governed by Code of Civil Procedure Section 377.60, which defines who can bring a claim and what damages are recoverable.
A wrongful death claim is separate from any criminal charges that may be filed against the responsible party. Even if the at-fault driver is not charged criminally or is acquitted of criminal charges, the family can still pursue a wrongful death claim in civil court — because the burden of proof in civil court is lower than in criminal court.
Who Can File a Wrongful Death Claim in California?
California law allows specific categories of people to file a wrongful death claim. The surviving spouse or domestic partner of the deceased has the right to file a wrongful death claim. The surviving children of the deceased may also file. If the deceased had no surviving spouse or children, the surviving parents, grandchildren, or other dependents may be entitled to file. In certain circumstances, other individuals who were financially dependent on the deceased may also have standing to bring a claim.
What Damages Are Available in a California Wrongful Death Claim?
California wrongful death damages are divided into two categories — economic and non-economic damages. Economic damages, include the financial support the deceased would have provided to the family over their expected lifetime, the value of household services the deceased would have provided, funeral and burial expenses, and the value of gifts or benefits the family would have received from the deceased. Non-economic damages include the loss of the deceased’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support, the loss of the enjoyment of sexual relations for a surviving spouse, and the loss of training and guidance for surviving children.
What Is a Survival Action?
In addition to a wrongful death claim, California law allows the estate of the deceased to bring what is called a survival action under Code of Civil Procedure Section 377.30. A survival action allows the estate to recover compensation for the damages the deceased person experienced between the time of the accident and the time of death — including their medical expenses, pain and suffering, and lost earnings during that period.
When appropriate, attorney Anthony Girgis pursues both wrongful death and survival action claims simultaneously to maximize the total recovery for the family and the estate.
How Long Do You Have to File a Wrongful Death Claim in California?
California’s statute of limitations for wrongful death claims is two years from the date of death. However, if a government entity is involved, the government tort claim must be filed within six months of the date of death. Missing these deadlines can permanently bar your family from recovering any compensation — which is why contacting an attorney as soon as possible after a tragic accident is so important.
If your family has lost a loved one in a car accident in the San Fernando Valley, please contact Girgis Law Firm APC for a compassionate and confidential free consultation. Attorney Anthony Girgis represents grieving families throughout Encino, Sherman Oaks, Van Nuys, Northridge, Woodland Hills, and surrounding communities. Call (818) 986-5000 — no fees unless we win.
