Wrongful Death
Table of Contents
- Why Families Choose Abramson Labor Group
- Who Can File a Wrongful Death Claim in California?
- What Is the Difference Between Wrongful Death and a Survival Action?
- How Long Do We Have to File a Wrongful Death Claim?
- What Kinds of Deaths Lead to Wrongful Death Claims?
- What If the Death Happened at Work?
- What Should Our Family Gather?
- Other Injury Cases We Handle
- Serving Families Across California
- Frequently Asked Questions
- Request a Free Case Review
- In California, a wrongful death claim can be brought by the surviving spouse, domestic partner, and children, and in some cases by other relatives or dependents.
- You generally have 2 years from the death to file a wrongful death lawsuit, and 6 months for a claim if a government agency was involved.
- A separate survival action lets the estate recover losses the person suffered before death.
- The court decides how a wrongful death award is divided among the people entitled to it.
- If the death happened on the job, workers’ compensation death benefits may also be available.
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.
Why Families Choose Abramson Labor Group
- 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Documented results. See our case results. Past results do not guarantee a similar outcome.
- Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
- Help in English and Spanish, with intake also available in Armenian.
- One office for the whole state. We serve families across California from Burbank, and most of your case can be handled by phone or video.
Who Can File a Wrongful Death Claim in California?
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.
What Is the Difference Between Wrongful Death and a Survival Action?
California recognizes two kinds of claims after a death caused by someone else.
- Wrongful death: brought by the family members listed above for their own losses from the death.
- Survival action: brought by the estate for losses the person suffered before death, like medical bills and lost earnings.
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.
How Long Do We Have to File a Wrongful Death Claim?
| 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.
What Kinds of Deaths Lead to Wrongful Death Claims?
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.
What If the Death Happened at Work?
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.
What Should Our Family Gather?
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.
Other Injury Cases We Handle
See all of our practice areas, or read our personal injury FAQ.
Serving Families Across California
We represent families after a wrongful death in Los Angeles, Burbank, Glendale, Pasadena, and throughout California from our Burbank office.
Frequently Asked Questions
How much does a wrongful death lawyer cost?
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.
Can parents file a wrongful death claim for an adult child?
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).
How is a wrongful death award divided?
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.”
What if a government vehicle or road was involved?
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.
Request a Free Case Review
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.