Losing someone because of another person’s carelessness is devastating, and no amount of money can make up for it. A wrongful death lawyer can handle the legal claim while your family grieves, and pursue the compensation the law allows for your loss. Abramson Labor Group represents families across California after deaths caused by crashes, falls, defective products, and other negligence. Our case reviews are free and confidential, and we work on contingency.
California law sets out who can bring the claim in Code of Civil Procedure section 377.60.
| Who | When they can file |
|---|---|
| Surviving spouse, domestic partner, children, and children of a deceased child | Always |
| Anyone who would inherit under California’s intestate rules (for example, parents) | If there are no surviving descendants |
| Putative spouse, the putative spouse’s children, stepchildren, and parents | If they were dependent on the person who died |
| A minor who lived in the household | If the minor lived there for the previous 180 days and depended on the person for at least half of their support |
Our article on who can file a wrongful death claim in California walks through these groups in more detail.
California recognizes two kinds of claims after a death caused by someone else.
In a wrongful death action, the court may award damages that “under all the circumstances of the case, may be just,” and “shall determine the respective rights in an award of the persons entitled to assert the cause of action” (Code of Civil Procedure section 377.61).
In a survival action, damages are generally “limited to the loss or damage that the decedent sustained or incurred before death,” and can include punitive damages the person could have recovered if alive (Code of Civil Procedure section 377.34). Whether pain and suffering is included depends on when the case is filed, because this part of the law has changed in recent years.
| Claim | General deadline | Source |
|---|---|---|
| Wrongful death lawsuit | 2 years | Code of Civil Procedure 335.1 |
| Survival action, if the person died before their own deadline ran | The later of 6 months after death or the original deadline | Code of Civil Procedure 366.1 |
| Claim against a city, county, or state agency | 6 months (written claim to the agency) | Government Code 911.2 |
Grief makes it hard to think about deadlines, and evidence can disappear quickly. When your family is ready, consider speaking with a wrongful death lawyer so the claim is not lost.
Any death caused by someone else’s “want of ordinary care or skill” can support a claim (Civil Code section 1714). We handle claims arising from truck accidents, motorcycle accidents, bus accidents, pedestrian accidents, falls, and defective products.
When a worker dies on the job, the family may be entitled to workers’ comp death benefits. Against the employer, workers’ compensation is generally “the sole and exclusive remedy” (Labor Code section 3602). If someone other than the employer caused the death, such as another driver or a product maker, the family may also have a wrongful death claim against them.
You do not need to do this all at once. When you can, keep the death certificate, any police or incident reports, medical records and bills, funeral and burial receipts, and records of the person’s income and the support they gave the household.
See all of our practice areas, or read our personal injury FAQ.
We represent families after a wrongful death in Los Angeles, Burbank, Glendale, Pasadena, and throughout California from our Burbank office.
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees.
Possibly. If the person left no spouse, domestic partner, or descendants, parents may qualify as people who would inherit. Parents can also file if they were dependent on the person who died (Code of Civil Procedure section 377.60).
The court decides. Under Code of Civil Procedure section 377.61, “The court shall determine the respective rights in an award of the persons entitled to assert the cause of action.”
A written claim to the agency is usually due within 6 months (Government Code 911.2). This deadline is much shorter than the 2-year limit for other claims.
If your family lost someone because of another person’s carelessness, we can review what happened and explain your options. Request your free case evaluation or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California attorney.
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