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Wrongful Death Lawsuit

You are probably asking why would I need a wrongful death lawyer? A Wrongful Death claim is a cause of action which arises from the victim’s death and is brought by the surviving beneficiaries or dependents of the deceased victim.

A Wrongful Death lawsuit claims that the deceased victim died as a result of negligence or other liability due to the defendant’s conduct and that the surviving beneficiaries and dependents are entitled to monetary damages as a result of the defendant’s conduct.
Mother and daughter mourning a loved one at a cemetery — California wrongful death attorneys at Burg & Brock

Wrongful Death California Statutes

The state of California, like other states in the United States, has passed wrongful death statutes unique to its own jurisdiction.
Family gathered at a cemetery during a priest-led service — California wrongful death attorneys at Burg & Brock

Wrongful Death Order Of Claimants

In California the legal heirs under the law may claim to seek wrongful death damages with the following order of precedence:

First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent — these people have the right to claim damages “jointly and severally” — that is, they share a single claim for damages.
Next in line are the person’s parents; then brothers and sisters; then the children of deceased brothers and sisters; then grandparents; and then their descendants.
Minors who lived with the deceased victim and who received 50% support from the victim at the time of the victim’s death. This minor must have been part of the deceased’s household for at least 180 days before the victim’s death.

Collecting Damages

It is not enough to be able to prove negligence and that the person suffered damage. Usually, most people do not have enough money to pay those damages unless they have insurance. In California, if you do not have automobile insurance, and you are injured by someone else, even if it is their fault, you can only collect your special damages, i.e., your medical expenses and loss of earnings, but not general damages, i.e., your mental suffering and emotional distress. That law was passed to encourage people to drive with insurance. Also, if you do not have automobile insurance, you can lose your driving privilege in California.

Family visiting the grave of a loved one — California wrongful death attorneys at Burg & Brock

Wrongful Death Attorney

If you are serious about getting justice for you and your loved ones, then you’re going to need the highest possible caliber wrongful death attorney  on your side. The insurance companies and other big defendants often have tremendous resources at their disposal, but that doesn’t mean they can’t be beaten at their own game. At the Law Offices of Burg & Brock, we have handled over 20,000 personal injury and wrongful death cases, earning a 99% success rate and over $1 billion in verdicts and settlements. Our founder, Cameron Brock, has made a name for himself as a wrongful death attorney who always fights aggressively for his clients. Let us help you finally set things right.
There are a lot of people out there just like you who have a great need for a talented  wrongful death attorney, but don’t get one. One reason is that many people think – incorrectly – that they can’t afford a high-quality wrongful death attorney. They see famous lawyers on television with their fancy suits and they assume that only the super-rich get top-notch legal representation like that. But here at Burg & Brock, we believe everyone deserves the very best. We could charge our clients $300/hour or more, but then we’d be shutting out vast numbers of people who are in real need. That is why we work only on contingency; we don’t get paid unless we win money for you (either through a verdict or settlement), and our firm is capable of underwriting the costs of your lawsuit.

Related Practice Areas & Locations

Wrongful-death survivor claims under CCP §377.60 reach across most other practice areas. Below are the related claim types and city-specific pages.

Talk to one of our attorneys: Cameron Yadidi Brock  ·  Artin Fiterz, Esq.  ·  Greg Diarian  ·  Craig D. Rackohn  ·  Lena G. Karaminassian  ·  Isaac Radnia

Other Practice Areas We Handle

Cities We Serve Near You

Frequently Asked Questions

Who can file a wrongful death claim in California?

Under Code of Civil Procedure section 377.60, the spouse, registered domestic partner, and children file first. If none survive, parents, siblings, and others entitled to inheritance under California intestacy law can file. Stepchildren and putative spouses may qualify under specific conditions.

How long do I have to file a wrongful death claim in California?

Two years from the date of death under Code of Civil Procedure section 335.1. The clock starts on the date of death, not the date of the injury that caused it. Claims against a government entity require a tort claim notice within six months.

What damages are recoverable in a California wrongful death case?

Economic damages include the deceased's lost financial support, loss of household services, funeral and burial expenses, and lost benefits like health insurance and retirement contributions. Non-economic damages cover loss of love, companionship, comfort, care, affection, society, and moral support.

Can I sue for my parent's wrongful death if I am an adult child?

Yes. Adult children have standing under section 377.60. Non-economic damages for loss of a parent's companionship and guidance are recoverable. Economic recovery is typically smaller for adult children because of reduced financial dependency.

What is the difference between a survival action and a wrongful death claim?

A wrongful death claim compensates the family for their losses. A survival action under Code of Civil Procedure section 377.30 belongs to the deceased's estate and recovers damages the decedent could have claimed if they had lived (pre-death pain and suffering, lost wages, medical bills). The two are filed together.

How much is a wrongful death case worth in California?

Cases vary widely. Death of a young breadwinner often produces verdicts in the $1 million to $5 million range. Catastrophic-conduct cases (drunk driving, defective product, medical negligence) can reach $10 million or more. Burg & Brock has handled wrongful death cases with seven-figure recoveries.

Can punitive damages be awarded in a wrongful death case?

Yes, in the survival action under Code of Civil Procedure section 377.34 if the defendant's conduct involved oppression, fraud, or malice under Civil Code section 3294. Common triggers are drunk driving and willful safety violations.

Will my wrongful death case go to trial?

Most cases settle. Insurance carriers know jurors award substantial sums in death cases and prefer to settle rather than risk trial. We file suit if the carrier refuses fair value, and roughly 90% of cases settle once liability and damages are fully documented.

What if my loved one was partly at fault for their own death?

California's pure comparative negligence applies. If the deceased was 30% at fault, your recovery is reduced by 30%. There is no bar to recovery regardless of fault percentage.

Do I have to pay anything upfront for a wrongful death lawyer?

No. Burg & Brock handles wrongful death cases on contingency. No fee unless we win. We advance case costs (experts, court fees, depositions). Free consultation.