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A Complete Guide to Navigate the Wrongful Death Legal Process in California

June 27, 2025 
by LA Injury Group

Many people die due to other people’s negligence every year. It's not easy to fathom this kind of death. It is traumatizing and painful to lose a special person this way. Wrongful death cases in Los Angeles are emotionally exhausting, legally complicated and time-consuming. It can be hard for the bereaved families to even know where to begin. I will take you through the entire step by step process to process a successful claim. The Wrongful Death Legal Process involves filing a claim to seek justice and compensation for a loved one’s untimely death, guiding families through complex legal steps during a difficult time.

If reliable guidance is important to you, consider contacting a Los Angeles wrongful death attorney to help you understand your legal rights and options.

What is Wrongful Death in California?

Wrongful death is when a person dies due to the negligent, reckless act, or intentional action of another person or company. These claims are civil law lawsuits, which means the goal is not punishment, but rather to provide financial support to the victim's surviving family members. 

How to Calculate Emotional Damages and Loss of Income in a Wrongful Death Case

Most Common Scenarios That Can Lead to Fatal Injuries

  • Motor vehicle accidents (cars, trucks, motorcycles)
  • Medical malpractice
  • Work-related accidents
  • Defective products
  • Violent acts (such as a shooting or physical assault

An experienced attorney can help you figure out if you have standing to file a claim and navigate the legal process.

Who Can Bring a Claim in California?

Not everyone who has been affected by the demise of a loved one has a standing to file a claim. You can claim if:  

  • You are the surviving husband or wife of the deceased
  • the children of the deceased;
  • any dependent minors who lived with the deceased for at least 180 days;

Anyone who had the right to inherit under California intestate succession law. Under California Code of Civil Procedure § 377.60, family members who are qualified may bring forth a claim and recover damages. It is always recommended that you speak with a lawyer in Los Angeles soon after your loved one passes, as this can often make a significant difference in the outcome of your case.

Damages You Can Recover 

The purpose of a lawsuit is to alleviate the hardship that families endure after the loss of a family member. There are numerous sort of damages that can be recovered, including the following:

Economic Damages:

  • Funeral and burial expenses
  • Medical expenses incurred before the death
  • Loss of income and future income
  • Loss of household services

Non-Economic Damages:

  • Loss of consortium
  • Emotional distress
  • Loss of parental guidance (for children)

Sources of Payout

Payouts may come from several sources including:

Insurance: In most cases, automobile insurance, homeowners insurance, malpractice insurance, or liability insurance has to cover the losses up to the limits of the policy.

Defendant's Assets: If the insurance is insufficient, the plaintiff may be able to recover from the assets of the party that is liable.

Employer/Corporation: If the claim involves negligence in the workplace or corporate negligence then the employer or corporation may be liable to the plaintiff.

Distribution of the Settlement or Award. 

Once the case settles or the court awards damages, the payout is distributed. Depending on state laws governing the case or the specifics in the estate plan, the distribution is made.

To the Estate:

Some amounts (e.g., medical bills, funeral costs) may be paid to the estate.

The estate will then distribute the funds owned by the decedent according to the will or state intestacy rules.

To all Beneficiaries,

The balance goes directly to surviving family members:

  • Spouse, children (including adopted children)
  • Parents (especially in the case of a minor, individual not having a spouse)
  • Other financial dependents, next of kin (state-based)

Courts may approve or supervise the distribution in some cases to ensure fairness (especially in case of minors).

Structured vs. Lump Sum Payments

Claim payments may be made in:

  • Lump sums, meaning a one-time payout for the full amount.
  • Structured settlements, which are made over time according to a payment schedule and may have tax benefits and assist in long-term financial security.

Legal and Administrative Costs

There may be deductions from the funds before these are distributed to beneficiaries for:

  • Attorney's fees (33% to 40% of the settlement)
  • Court costs and filing fees
  • Expert witness fees
  • Medical liens or medical bills owed by decedent
  • Estate (if applicable) administration fees

Tax Consequences

Unjust demise (compensatory damages) payments do not, have tax implications under federal or state law except for:

  • Interest on the award 
  • punitive damages, only in some cases

It is advised that you speak with a tax adviser to be aware of possible exceptions.

Your lawyer will evaluate the totality of your loss and seek the maximum degree of compensation available under the law. 

The Legal Process: A Step-by-Step Guide

Step 1: Retain a Lawyer

The first step is to hire a qualified attorney. They will assess your case to determine liability. They will further help you with the complexities of your case as you focus on other important issues.

Step 2: Investigate and Collect Evidence 

Your attorney will request medical records, accident investigation reports, witness statements, and perhaps even an expert opinion to build a strong case.

Step 3: File the Claim

They will collect and file all of the court documents on your behalf before the expiration of two years as required by the statute of limitation in California.

Step 4: Discovery Stage

You are required to have  all the relevant documents ready during the discovery period.  They will be exchanged and the at fault party questioned to determine the truth about your claim.

Step 5: Settlement Negotiations

The majority of these cases settle either before or during trial. You will require an attorney to negotiate with the at fault party’s insurance for a possible fair settlement.

Step 6: Trial (if necessary)

If the negotiation table fails, your  lawyer will proceed with litigation. A judge or jury will hear the case and order damages paid.

Why legal help is important

Unjust death claims require taking legal strategy, emotional sensitivity, and requirements of California law. A  lawyer will handle the case, communicate with the insurance company, and fight for every dollar your family deserves so you don’t have to go through this difficult time alone.

FAQS

Can parents file a claim?

Yes. Eligible family members, such as a spouse, children, or parents, can be co-plaintiffs in one lawsuit, or they can have one person file a lawsuit on behalf of all eligible members to protect their interests. 

What documents are needed for the first meeting  with my advocate?

Bring any supporting documents from the accident, including but not limited to the death certificate, the investigation report, medical records, any photos of the scene of the accident, and any documentation of your financial losses. The additional information you provide certainly allows your attorney to better assess your case.

Am I able to sue a company or government agency for unjust demise?

Yes. If the negligence of a company, employer or government agency contributed to the death of your loved one, they can be held legally responsible. However, different rules and timelines may apply when suing government entities.

What damages are recoverable?

Compensation can vary widely based on the person that was killed, including their income, age, and the role that person played in the family unit. Your attorney will help to put a value on both economic and non-economic damages that can be linked to the facts in the specific case.

Final word

Arguments can be made for how unreachable the pain of unjust demise.  This situation can be remedied by obtaining justice and can help bring reason and peace. Proper guidance and information can help grieving families in California hold accountable parties negligent or reckless for the loss of their loved one and bring compensation to the family.  If a loved one has suffered the pain of death due to negligence, don't delay. Reach out to us at LA Injury Lawyers. We are trusted Los Angeles wrongful death attorneys. 

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