Wrongful Death Lawyer Los Angeles | California Wrongful Death Claims

If you need a wrongful death lawyer in Los Angeles, Mesriani Law Group is here to help. The loss of a loved one due to someone else’s negligence or wrongful act is among the most devastating experiences a family can face. California’s wrongful death laws exist to provide surviving family members with a legal path to accountability and compensation — not to replace what was lost, but to ensure the responsible party bears the financial consequences of their actions.

At Mesriani Law Group, our Los Angeles wrongful death attorneys have over 30 years of experience representing families who have lost loved ones to car accidents, truck accidents, workplace accidents, medical negligence, criminal acts, and other preventable deaths. We handle every aspect of the legal process with the compassion and rigor these cases demand, and we accept all wrongful death cases on a contingency fee basis — you pay nothing unless we win.

California Wrongful Death Law: The Legal Foundation

California’s wrongful death statute is codified in Code of Civil Procedure § 377.60 et seq. A wrongful death claim allows certain surviving family members to recover compensation for the losses they have suffered as a result of their loved one’s death — losses that are separate and distinct from the suffering the decedent personally experienced before death.

To establish a wrongful death claim in California, the plaintiff must prove:

• The decedent died
• The death was caused by the negligence or wrongful act of another person or entity
• The surviving family member suffered financial or personal losses as a result of the death

Who Can File a Wrongful Death Claim in California?

Under CCP § 377.60, a wrongful death claim may be filed by:

• The decedent’s surviving spouse or domestic partner
• The decedent’s surviving children
• Issue of deceased children (grandchildren, if the relevant child also predeceased the decedent)
• If there is no surviving issue: other persons who would be entitled to the property of the decedent by intestate succession, including parents and siblings in some circumstances
• A putative spouse, children of a putative spouse, stepchildren, or parents who were financially dependent on the decedent

All eligible plaintiffs must generally file a single wrongful death action together. California does not allow multiple separate wrongful death lawsuits arising from the same death.

Wrongful Death Claims vs. Survival Actions: A Critical Distinction

California allows two related but distinct types of legal actions following a wrongful death:

• Wrongful death claim (CCP § 377.60): Filed by surviving family members for their own losses — loss of financial support, loss of companionship, funeral expenses, and the loss of the decedent’s household services. This is the family’s claim for their own damages.
• Survival action (CCP § 377.30): Filed by the decedent’s personal representative or successor in interest for damages the decedent personally suffered before death. Under SB 447 (effective January 1, 2022) and permanently extended by SB 29, survival actions in California now include recovery for pre-death pain, suffering, and disfigurement — a significant expansion of previous law.

These two claims may be filed simultaneously in the same lawsuit. In wrongful death cases involving conscious suffering before death — such as when a victim survived the accident for hours or days — the survival action can significantly increase the total recovery for the family.

Common Causes of Wrongful Death Claims in Los Angeles

Wrongful death claims arise in virtually every type of fatal accident caused by negligence or misconduct:

• Car accidents: The leading cause of wrongful death claims in Los Angeles. Negligent, distracted, impaired, or reckless drivers who cause fatal crashes are liable for wrongful death damages. See our Los Angeles car accident claims page.
• Truck accidents: Commercial truck accidents cause a disproportionate share of traffic fatalities due to the mass differential. Trucking companies and their insurers can be held liable. See our truck accident claims page.
• Motorcycle accidents: Motorcyclists are among the most vulnerable road users. Negligent drivers who cause fatal motorcycle accidents face wrongful death liability. See our motorcycle accident claims page.
• Pedestrian accidents: Pedestrians struck and killed by vehicles — see our pedestrian accident claims page. Hit-and-run accidents that result in death also give rise to wrongful death claims, potentially through UM coverage if the driver is not found.
• Workplace accidents: Fatal construction accidents, equipment failures, and workplace injuries. Third-party wrongful death claims may be available alongside workers’ comp survivor benefits. See our workplace injury claims page.
• Premises liability: Deaths resulting from dangerous property conditions, negligent security, pool drownings, and structural failures — see our premises liability claims page.
• Medical malpractice: Fatal errors in diagnosis, surgery, anesthesia, medication, or post-operative care. Medical malpractice wrongful death cases involve complex expert testimony and California’s MICRA cap on non-economic damages may apply.
• DUI accidents: Drunk or drug-impaired drivers who cause fatal accidents face both criminal prosecution and civil wrongful death liability. Punitive damages may be available in DUI wrongful death cases.
• Product liability: Defective vehicles, equipment, medications, and consumer products that cause fatal injuries. Manufacturers face strict liability for defective products.

What Compensation Can Surviving Family Members Recover?

A wrongful death claim in California can recover two distinct categories of damages:

Economic Damages

• Financial support the decedent would have provided over their expected lifetime
• Household services the decedent provided (childcare, home maintenance, financial management)
• Gifts or benefits the family would have received from the decedent
• Funeral and burial expenses

Non-Economic Damages

• Loss of love, companionship, comfort, care, assistance, protection, and moral support
• Loss of the decedent’s society and the enjoyment of their companionship
• Loss of training and guidance for minor children

Survival Action Damages (Separate from Wrongful Death)

• Pre-death medical expenses incurred from the time of injury until death
• Pre-death lost earnings
• Pre-death pain, suffering, and disfigurement (since SB 447, effective January 1, 2022)

Punitive Damages

Punitive damages are generally not available in wrongful death claims under California law. However, they may be available through the survival action in cases where the defendant was convicted of felony murder, or where the defendant’s conduct constituted malice, oppression, or fraud under Civil Code § 3294.

California Wrongful Death Filing Deadlines

• Standard wrongful death claims: Two years from the date of death under California Code of Civil Procedure § 335.1. The clock starts from the date of death, not the date of the underlying accident.
• Claims against government entities: A government tort claim must be filed within six months of the death if a government agency, vehicle, or employee was responsible. Missing this deadline permanently bars the claim.
• Medical malpractice wrongful death: Three years from the date of injury or one year from the date the wrongful act was discovered or should have been discovered — whichever occurs first — under Code of Civil Procedure § 340.5.

Important: The two-year deadline may seem generous, but evidence preservation is time-sensitive from day one. Traffic camera footage, vehicle data, maintenance records, and witness accounts can disappear quickly. Contact a wrongful death lawyer in Los Angeles as soon as possible after the loss of a loved one.

How Wrongful Death Cases Are Valued

Calculating the full value of a wrongful death claim requires expert analysis of multiple factors:

• Economic experts: Calculate the present value of the decedent’s projected lifetime earnings, accounting for expected raises, career trajectory, and the economic impact on dependents
• Life care planners: In cases involving dependent children or spouses with ongoing care needs, project the value of lost household services and future support
• Psychological experts: Document the emotional and psychological impact on surviving family members, particularly children who have lost a parent
• Medical experts: For survival actions, document pre-death suffering and the medical costs incurred between injury and death

Defense attorneys and insurance companies will have their own experts attempting to minimize the value of your claim. Our wrongful death lawyers in Los Angeles retain independent experts to ensure the full value of your family’s losses is properly documented and presented.

Why Choose Mesriani Law Group as Your Wrongful Death Lawyer in Los Angeles?

Wrongful death litigation requires exceptional legal skill, compassion for grieving families, and the resources to build a comprehensive damages case. At Mesriani Law Group we bring:

• Over 30 years representing families who have lost loved ones to negligence throughout Los Angeles and California
• Hundreds of millions of dollars recovered for clients
• Deep experience with every type of wrongful death case — car accidents, truck accidents, workplace deaths, premises liability, and product liability
• Network of economic experts, life care planners, and psychological specialists
• Sensitivity and compassion for the families we represent during the most difficult period of their lives
• No Win, No Fee — you pay nothing unless we win your case
• Available 24/7 in English, Spanish, and Farsi