Wrongful Death Attorneys in Southern California
southern California attorneys apc
When a loved one dies due to the negligence or wrongful act of another person, company, or entity, surviving family members have the right to seek justice and compensation through a wrongful death lawsuit. At Southern California Attorneys, A.P.C., our wrongful death attorneys in Calabasas provide compassionate yet aggressive representation to families throughout Los Angeles County, Ventura County, and all of Southern California. With over 60 years of combined legal experience and a track record that includes more than 50 jury trials, we have the resources and courtroom skill to hold negligent parties fully accountable. We handle all wrongful death cases on a contingency fee basis: you pay nothing unless we recover compensation for your family. Call (818) 222-2227 for a free consultation.
What Is Wrongful Death in California?
Wrongful death is a civil cause of action defined under California Code of Civil Procedure Section 377.60. It allows certain surviving family members to file a lawsuit when a person dies as a result of the wrongful act or negligence of another. A wrongful death claim is separate from any criminal charges that may be filed — the civil case does not require a criminal conviction and uses a lower burden of proof (preponderance of the evidence rather than beyond a reasonable doubt).
A companion legal action, the survival action under CCP 377.30, allows the estate's personal representative to recover damages that the deceased person suffered between the time of injury and the time of death, including pain, suffering, and medical expenses incurred before death.
Who Can File a Wrongful Death Lawsuit in California?
California law specifies who has standing to bring a wrongful death claim under CCP 377.60:
• The surviving spouse or domestic partner
• Surviving children (including adopted children and stepchildren in certain circumstances)
• If there is no surviving spouse or children, anyone who would be entitled to the decedent's property under California intestate succession laws (parents, siblings, or other relatives depending on the circumstances)
• Putative spouses, children of putative spouses, and persons who were financially dependent on the decedent may also have standing under certain conditions
The personal representative of the deceased's estate may file a separate survival action (CCP 377.30) to recover damages for the pain and suffering the deceased experienced before death.
Common Causes of Wrongful Death
Wrongful death claims can arise from a wide range of circumstances, including:
• Defective Products: When a defective medical device, dangerous pharmaceutical, or unsafe consumer product causes a fatal injury. California's strict liability doctrine applies, and product liability wrongful death cases are NOT subject to MICRA damage caps.
• Auto Accidents: Fatal car, truck, motorcycle, pedestrian, and bicycle accidents caused by negligent, reckless, or impaired drivers.
• Medical Malpractice: Deaths resulting from surgical errors, misdiagnosis, delayed diagnosis, medication errors, anesthesia errors, or hospital negligence. MICRA caps on non-economic damages apply to medical malpractice wrongful death cases ($500,000 under AB 35).
• Workplace Accidents: Fatal injuries at construction sites, industrial facilities, or other workplaces due to unsafe conditions, equipment failures, or employer negligence.
• Premises Liability: Deaths caused by dangerous property conditions, such as structural failures, inadequate security, swimming pool drownings, or toxic exposure on someone else's property.
• Nursing Home Abuse and Neglect: Deaths caused by nursing home negligence, including falls, medication errors, malnutrition, dehydration, infections from unsanitary conditions, or failure to provide adequate medical care.
Damages Available in California Wrongful Death Cases
California law allows surviving family members to recover both economic and non-economic damages in a wrongful death lawsuit:
• Economic Damages: Loss of the decedent's financial support and future earnings, loss of household services, funeral and burial expenses, loss of benefits (health insurance, pension), and the reasonable value of any services the decedent would have provided.
• Non-Economic Damages: Loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support. Loss of the enjoyment of sexual relations (for a surviving spouse). Loss of training and guidance (for surviving children).
• Punitive Damages: In cases involving particularly egregious conduct (e.g., a company knowingly selling a dangerous product), punitive damages may be recoverable in a survival action to punish the defendant and deter future misconduct.
California Wrongful Death Statute of Limitations
The statute of limitations for wrongful death in California is two years from the date of death under CCP 335.1. This is a strict deadline — if you do not file within two years, you may permanently lose the right to seek compensation.
Important exceptions include:
• Claims against government entities: You must file an administrative claim within six months of the date of death before you can file a lawsuit.
• The discovery rule may apply in limited circumstances where the cause of death was not immediately known.
• Tolling provisions may apply for minor children or legally incapacitated family members.
Do not delay. Contact Southern California Attorneys immediately to ensure your family's rights are protected.
Why Choose Southern California Attorneys for Your Wrongful Death Case?
• Proven Trial Experience: Lead attorney Mac E. Nehoray has tried over 50 jury trials and more than 100 bench trials, including 2 cases before the California Supreme Court. We prepare every wrongful death case for trial to ensure maximum leverage in negotiations and maximum results at trial.
• Cross-Practice Expertise: Wrongful death cases often involve product liability, medical malpractice, or employment law issues. Our attorneys have deep expertise across all of these practice areas, allowing us to pursue every avenue of liability.
• Pharmaceutical Industry Knowledge: Attorney Kambiz Drake's 25 years in the pharmaceutical industry provides unique insight for wrongful death cases involving defective drugs and medical devices.
• Compassionate Representation: We understand that a wrongful death case represents the worst moment in your family's life. We handle every case with empathy, respect, and a relentless commitment to holding the responsible parties accountable.
• No Upfront Costs: All wrongful death cases are handled on a contingency fee basis. You pay nothing unless we recover compensation for your family.
Frequently Asked Questions About Wrongful Death in California
Still have questions? Don't hesitate to reach out to our knowledgeable attorneys for the assistance you need. Whether you prefer to call us directly or use our convenient online contact form, we are here to help address your concerns and provide you with the guidance you're looking for. Your inquiries are important to us, so please feel free to get in touch!
What is wrongful death in California?
Wrongful death is a civil cause of action under California Code of Civil Procedure Section 377.60 that allows surviving family members to seek compensation when a person dies due to the wrongful act or negligence of another party. This includes deaths caused by defective products, auto accidents, medical malpractice, workplace accidents, premises liability, and nursing home negligence. A wrongful death lawsuit is a civil case separate from any criminal proceedings.
Who can file a wrongful death lawsuit in California?
Under CCP 377.60, the following people can file: the surviving spouse or domestic partner, surviving children (including adopted children), and if there is no surviving spouse or children, anyone entitled to the decedent's property under California's intestate succession laws. A personal representative of the estate may also file a separate survival action (CCP 377.30) for damages the deceased suffered before death.
What is the statute of limitations for wrongful death in California?
Two years from the date of death under CCP 335.1. Claims against government entities must be filed within six months. The discovery rule may apply in limited circumstances where the cause of death was not immediately known. Do not delay — contact an attorney immediately to protect your family's rights.
What damages can I recover in a wrongful death case?
Economic damages include loss of financial support, funeral and burial expenses, loss of household services, loss of benefits, and future earnings the decedent would have provided. Non-economic damages include loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. Punitive damages may be available in cases of egregious conduct through a survival action.
Can I file a wrongful death lawsuit if the death was caused by a defective product?
Yes. If a defective product caused the death, you can file both a wrongful death claim and a product liability claim. California's strict liability doctrine applies, meaning you do not need to prove negligence — only that the product was defective and the defect caused the death. Importantly, product liability wrongful death cases are NOT subject to MICRA damage caps, unlike medical malpractice wrongful death cases.
How much does a wrongful death attorney cost?
Southern California Attorneys, A.P.C. handles all wrongful death cases on a contingency fee basis. You pay no upfront fees, no retainer, no hourly charges, and no out-of-pocket costs. We advance all case expenses. You pay nothing unless we recover compensation for your family. Call (818) 222-2227 for a free consultation.
Lost a Loved One Due to Negligence? We Can Help.
If your family has lost a loved one because of someone else's negligence or a defective product, the attorneys at Southern California Attorneys, A.P.C. are here to fight for the justice your family deserves. Call (818) 222-2227 for a free, confidential consultation. We handle all wrongful death cases on contingency — you pay nothing unless we win.
