Filing a Wrongful Death Claim in California: A Step-by-Step Guide

Losing a loved one due to someone else's negligence is devastating. While no amount of money can replace your loss, a wrongful death claim can provide financial security and hold responsible parties accountable.

Who Can Bring a Wrongful Death Claim?

Code of Civil Procedure § 377.60 CCP is the primary California wrongful death statute. This section allows certain people to bring a lawsuit seeking damages as a result of a person's wrongful death. Eligible parties include a deceased person's:

surviving spouse,
domestic partner, or
children.
other persons/heirs/dependants that are specified in the wrongful death statute

What Damages Can Be Recovered?

Economic Damages

Funeral and burial expenses
Medical bills related to final illness or injury
Loss of financial support the deceased would have provided
Loss of benefits (health insurance, pension, etc.)
Value of household services the deceased provided

Non-Economic Damages

Loss of companionship, love, and affection
Loss of guidance and moral support
Loss of protection (especially for children)
Pain and suffering of surviving family members

The Wrongful Death Claims Process (If The Baum Law Firm Accepts Your Case)

While every wrongful death claim is different, depending on the facts and circumstances of each case, and the availability of insurance coverage, the general process works as follows:

Step 1: Determine Eligibility

Confirm you have legal standing to file and that the death was caused by negligence or wrongful conduct.

Step 2: Investigate the Circumstances

We'll thoroughly investigate:

How the death occurred
Who was at fault
What evidence exists
Whether criminal charges were filed

Step 3: Calculate Full Damages

We'll work with economists and experts to determine:

The deceased's earning potential
Future lost income
Value of benefits and services
Non-economic losses

Step 4: File the Lawsuit

California has a 2-year statute of limitations for wrongful death claims. We'll file promptly to preserve your rights.

Step 5: Discovery and Negotiation

Exchange evidence with defendants
Conduct depositions
Negotiate settlement
Prepare for trial if necessary

Step 6: Resolution

Most wrongful death cases can be settled without a Trial, often at a Mediation or Pre-Trial Settlement Conference. In the event a case cannot be settled for reasonable compensation for your damages, the case will proceed to trial before a Jury in Riverside County.

Common Types of Wrongful Death Cases

Car, truck, and motorcycle accidents
Medical malpractice
Workplace accidents
Defective products
Nursing home abuse and neglect
Pedestrian and bicycle accidents
Premises liability (dangerous property conditions)

How Long Does a Wrongful Death Case Take?

Cases typically take 1-3 years depending on:

Complexity of the case
Number of defendants
Insurance company cooperation
Whether trial is necessary

Why Choose The Baum Law Firm?

We understand this is an emotional and difficult time. Our experienced attorneys will:

Handle all legal aspects so you can focus on grieving
Fight for maximum compensation
Hold negligent parties accountable
Provide compassionate, personal attention
Work on contingency - no fees or costs unless we recover money in your case