Wrongful Death FAQs

A civil wrongful death claim is a type of lawsuit brought against a person or entity allegedly responsible for negligently, recklessly, or intentionally causing someone's death. A wrongful death claim is typically filed by surviving family members or the deceased person's estate. The goal of the claim is to obtain monetary compensation for the losses incurred by the survivors as a result of their loved one’s death.

California law allows specific individuals the legal standing to file a wrongful death lawsuit. According to the California Code of Civil Procedure Section 377.60, the following individuals are generally eligible to sue for wrongful death:

1. Surviving spouse or domestic partner
2. Surviving children

If the decedent’s spouse and children are also deceased, surviving grandchildren, other dependent minors, parents, or siblings may be able to pursue a wrongful death claim. 

A wrongful death lawsuit is a civil matter, not a criminal one. Its purpose is to compensate the family for their losses, not to punish the wrongdoer with jail time or criminal fines. While a criminal trial requires proof "beyond a reasonable doubt," a wrongful death lawsuit only requires a "preponderance of the evidence," meaning it's more likely than not that the defendant's actions caused the death. This is why a wrongful death lawsuit can be successful even if no criminal charges are filed or a defendant is acquitted.

The "one action rule" in California wrongful death cases means that all potential claimants must join together in a single lawsuit against the defendant. This rule is designed to prevent multiple lawsuits related to the same death. All family members or representatives with the legal right to sue must be included in the initial filing, even if some choose not to participate actively. 

The key points to the California one action rule:

• All known heirs must be included in a California wrongful death lawsuit.
• Any settlement or verdict will be awarded to the entire family.
• The family must decide how to divide the settlement or verdict. If they cannot do so, they may need to return to court to get help to determine how to split compensation. 
• If any heirs are unknowingly excluded from the claim for wrongful death, they may still have legal standing to compensation awarded to the family.

We understand that the California one action rule can be confusing. That’s why hiring an experienced lawyer with a proven track record in wrongful death claims is necessary to obtain the justice and compensation your family deserves. A good lawyer will plan accordingly from the start of the case to help ensure that the heirs agree on dividing any judgment to avoid the legal hurdles and added cost of continued litigation. 

To win a wrongful death lawsuit, you generally need to prove four elements of negligence:

1. Duty of Care: The defendant owed a legal duty of care to your loved one.
2. Breach of Duty: The defendant breached that duty through a careless or reckless act.
3. Causation: This breach directly caused your loved one's death.
4. Damages: The death resulted in specific, quantifiable losses for the survivors. There may also be cases of "strict liability," especially in defective product claims, where you don't need to prove negligence but rather that the product itself was unreasonably dangerous.

Yes. If a defective or dangerous product causes a fatality, you may be able to file a wrongful death lawsuit against the manufacturer, distributor, or retailer. These cases often fall under the legal area of "product liability." Companies can be held accountable for deaths caused by a design flaw, a manufacturing defect, or a failure to provide adequate warnings about the product's risks.

Yes. If your loved one’s death was part of a larger event that affected multiple victims—such as a plane crash, a dangerous drug, or a toxic chemical exposure—your wrongful death claim may be part of a mass tort. In a mass tort, individual lawsuits are grouped together for efficiency, but each family’s case is still treated individually. This allows you to pool resources with other plaintiffs while still receiving compensation based on your unique losses.

In California, a legal principle called the "one action rule" requires all potential claimants to join together in a single lawsuit. This rule is designed to prevent multiple lawsuits over the same death. All family members with the legal right to sue must be included in the initial filing, and any resulting settlement or verdict is awarded to the family as a whole. The family must then agree on how to divide the compensation. An experienced lawyer can help all parties navigate this process to ensure a fair and equitable outcome.

In California, the statute of limitations for a wrongful death claim is generally two years. This means that you have two years from the date of the loved one’s death to file a lawsuit. If you do not file your claim within this period, you may lose your right to seek compensation through the courts. 

However, California law does allow certain exceptions or special circumstances to alter when the clock starts ticking on the statute of limitations. We recommend consulting with a wrongful death attorney as soon as possible to understand how the law applies to your situation.

In a best-case scenario where liability is not disputed, negotiations generally center on a fair compensation amount, and a settlement may be reached even before a wrongful death lawsuit is filed. Unfortunately, most cases are disputed, and while some cases are resolved before lawyers file a complaint, it is more common that a lawsuit must be filed in order to ultimately obtain reasonable compensation. 

After the lawsuit is filed, the case may take months, and in some cases years, to resolve. Some wrongful death cases will not end in a settlement at all, and the case must be presented to a jury.

Once your attorney has conducted a full investigation, he or she will better understand how long your case will take. 

While it's a common fear, most wrongful death lawsuits are settled out of court. Trials can be expensive, time-consuming, and emotionally draining, so both sides often prefer to reach a settlement. However, if the responsible party refuses to offer fair compensation, your attorney may advise taking the case to a jury to get the justice your family deserves. An experienced trial attorney can help you navigate either path.

You do not necessarily need to hire an attorney who is physically located near you. The most important factors in choosing a lawyer are their experience, proven track record, and communication style. While a local attorney may have some familiarity with local courts, a firm with a national reputation for handling complex, large-scale cases can bring unparalleled resources and expertise to your claim.