Wrongful Death

California Wrongful Death & Fatal Injury Attorneys

Lost a loved one to someone else’s negligence? Here is what to know.

• Yaghmai Law Firm represents surviving family members in Los Angeles, Sherman Oaks, and the San Fernando Valley after a fatal accident or fatal act of negligence.
• We pursue wrongful death and survival-action claims arising from fatal car, truck, motorcycle, pedestrian, bicycle, bus, and rideshare crashes; fatal medical negligence; fatal premises injuries; defective products; and fatal acts of violence.
• California gives most surviving family members two years from the date of death to file a wrongful death lawsuit under CCP Section 335.1. If a public entity may be at fault, you have only six months to present a government claim under Government Code Section 911.2.
• No fees unless we recover compensation. Free, confidential case review.
• Call or text (888) 800-6731 or submit your case online.

A wrongful death attorney Los Angeles families turn to after a fatal crash works against tight statute-of-limitations deadlines. When someone you love is killed because another person, business, or public agency was careless or reckless, California’s wrongful death statute (Code of Civil Procedure Sections 377.60 through 377.62) gives surviving family members a civil cause of action to recover the financial and personal losses caused by the death. A separate cause of action — the survival action under Code of Civil Procedure Section 377.30 — lets the decedent’s estate continue the case the decedent would have had if they had lived. The two claims are usually filed together in a single complaint against the responsible party.

At Yaghmai Law Firm we represent surviving spouses, registered domestic partners, children, parents, and other dependents throughout Los Angeles and the San Fernando Valley. We investigate the cause of death, identify every party that may be financially responsible, work with accident reconstructionists and medical experts when needed, file the wrongful death and survival actions within California’s deadlines, and litigate each case through trial when settlement falls short of what the family is owed.

Our representation is contingency-only. There are no attorney’s fees, no upfront costs, and no out-of-pocket expense to the family unless we recover compensation. The case review is free, confidential, and carries no obligation. You can reach us at (888) 800-6731 by phone or text, or submit your case online.

No Win, No Fee — You Pay Nothing Unless We Recover

Wrongful death cases are complex, expensive to investigate, and emotionally draining. We do not ask grieving families to advance attorney’s fees. Yaghmai Law Firm represents wrongful death clients on a contingency-fee basis. There are no attorney’s fees, no investigation costs, and no out-of-pocket expense to you unless we recover compensation on your case. If we do not recover, you pay us nothing.

Our team fronts the costs of accident reconstruction, medical record review, expert witnesses, deposition transcripts, and trial preparation. Those costs are repaid out of the recovery at the end of the case — never out of the family’s pocket. The free case review is confidential and carries no obligation.

Types of Wrongful Death Cases We Handle

“Wrongful death” describes any death caused by the wrongful act or neglect of another. The underlying conduct can be ordinary negligence, gross negligence, recklessness, an intentional act, or strict products liability. The most common wrongful death cases we see in Los Angeles include:

• Fatal motor vehicle crashes — car, truck, motorcycle, pedestrian, bicycle, bus, Uber, Lyft, and other rideshare collisions.
• Fatal medical negligence — surgical errors, anesthesia errors, hospital-acquired infections, medication errors, missed diagnoses, and birth-related deaths.
• Fatal premises injuries — falls from height, drownings, fires, electrocutions, structural collapse, and negligent-security cases.
• Defective and dangerous products — fatal injuries caused by defective vehicles, vehicle components (tires, airbags, seat belts), industrial equipment, consumer products, or pharmaceuticals.
• Workplace fatalities involving a non-employer defendant — third-party negligence claims that can be pursued alongside workers’ compensation death benefits.
• Fatal acts of violence — civil claims against the assailant and any third party whose negligence enabled the harm (negligent security, foreseeable risk).
• Fatal incidents involving a public agency — dangerous condition of public property, government-vehicle crashes, and police-involved deaths (with the six-month government-claim deadline discussed below).

Common Causes of Wrongful Death in Los Angeles

Fatal injuries often share the same root causes as the serious injury cases we handle every day. If your family member died in any of the following situations, you may have a wrongful death claim:

• Distracted, impaired, or aggressive driving — see our Los Angeles car accident lawyer and motorcycle accident lawyer pages.
• Crashes involving commercial trucks and big rigs — see our truck accident lawyer page.
• Pedestrians struck in crosswalks, intersections, or parking lots — see our pedestrian accident attorney page.
• Cyclists struck by drivers — see our bicycle accident lawyer page.
• Bus, transit, and other public-vehicle crashes — see our bus accident lawyer page.
• Severe traumatic brain injuries and catastrophic burns that prove fatal — see our brain injury lawyer and burn injury lawyer pages.
• Fatal medical negligence in a hospital, clinic, surgical center, or nursing facility.
• Defective or dangerous products (vehicles, components, machinery, pharmaceuticals).
• Fatal premises conditions — falls from height, drownings, fires, electrocutions, structural collapse.
• Negligent security at apartment complexes, parking structures, bars, nightclubs, and event venues.

Who Can File a Wrongful Death Claim in California

California Code of Civil Procedure Section 377.60 lists exactly who has standing to bring a wrongful death claim. Identifying the correct plaintiffs is critical: California treats wrongful death as a “one-action” claim, which means every person with standing must be joined in a single lawsuit. Filing on behalf of the wrong person, or leaving an eligible heir out of the case, can defeat or limit the family’s recovery.

Standing under CCP Section 377.60(a)

The first class of plaintiffs is the decedent’s surviving spouse, domestic partner (registered under the California Family Code), children, and the issue of any deceased child of the decedent. If the decedent left no surviving issue, the persons who would inherit the decedent’s property by intestate succession (including the surviving spouse or domestic partner) have standing. If both of the decedent’s parents are deceased and would otherwise have had standing, the decedent’s legal guardians may bring the claim as if they were the decedent’s parents.

Standing under CCP Section 377.60(b) (dependents)

Whether or not they qualify under subdivision (a), the following people have standing if they were financially dependent on the decedent: a putative spouse (someone who in good faith believed in a marriage that turns out to be invalid), the children of a putative spouse, the decedent’s stepchildren, the decedent’s parents, and the decedent’s legal guardians if the parents are deceased. The dependency requirement is fact-specific and often disputed; documentation of household finances and prior support is important.

Standing under CCP Section 377.60(c) (dependent minors in the household)

A minor who is not otherwise qualified under (a) or (b) has standing if, at the time of the decedent’s death, the minor had resided in the decedent’s household for the previous 180 days and was dependent on the decedent for one-half or more of the minor’s support. This category protects children who were being raised by a non-parent caregiver who passed away.

The survival cause of action: CCP Section 377.30

A wrongful death claim belongs to the heirs. Separately, the decedent’s own personal injury cause of action does not die with them — it “survives” and passes to the estate. Under California Code of Civil Procedure Section 377.30, the survival cause of action is brought by the decedent’s personal representative or, if no estate has been opened, by the decedent’s successor in interest. Survival and wrongful death claims are typically filed together in a single complaint.

What a California Wrongful Death Case Is Worth

Wrongful death and survival actions recover different categories of damages, and the two together determine the total value of a fatal-injury case. We evaluate every case based on the specific losses suffered by each family member, the decedent’s earning history and life expectancy, the strength of the liability proof, and the available insurance and assets.

Wrongful death damages (CCP Section 377.61)

California Code of Civil Procedure Section 377.61 instructs courts to award damages that, “under all the circumstances of the case, may be just,” excluding the damages recoverable under the survival statute. In practice, wrongful death damages recover the heirs’ own losses, including:

• The financial support the decedent would have contributed to the family over the decedent’s life expectancy, and the reasonable value of the household services the decedent would have provided.
• The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
• The loss of the decedent’s training and guidance — particularly important for surviving minor children.
• Reasonable funeral and burial expenses.

California law does not allow recovery on the wrongful death claim itself for the heirs’ grief, sorrow, or mental anguish — only the loss of the qualitative relationship with the decedent.

Survival action damages (CCP Section 377.34)

The survival cause of action recovers losses the decedent personally sustained between the wrongful act and death. Under California Code of Civil Procedure Section 377.34(a), for actions filed on or after January 1, 2026, those damages are limited to the decedent’s economic losses (medical and hospital bills, lost earnings, property damage) and any punitive or exemplary damages the decedent would have been entitled to recover. California law does not currently permit recovery on a survival action for the decedent’s pre-death pain, suffering, or disfigurement.

Punitive damages

When a wrongful death is caused by malice, oppression, or fraud — for example, a drunk-driving fatality, a deliberate violent act, or a defendant who concealed a known dangerous defect — punitive damages may be available on the survival cause of action. Punitive damages punish the wrongdoer and deter similar conduct.

California Wrongful Death Law and Filing Deadlines

Two-year statute of limitations (CCP Section 335.1)

Under California Code of Civil Procedure Section 335.1, an action for the death of an individual caused by the wrongful act or neglect of another must be filed within two years of the date of death. Missing this deadline almost always means the case is barred forever. Limited exceptions exist for minor heirs (tolling under CCP Section 352) and for cases involving fraudulent concealment or delayed discovery; those exceptions are narrow and fact-specific.

Six-month deadline for government defendants (Government Code Section 911.2)

When the responsible party is a public entity — for instance, the City of Los Angeles, the County of Los Angeles, the State of California, LAUSD, Metro, Caltrans, a public hospital, or a police department — California Government Code Section 911.2 requires a formal “government claim” to be presented to the entity within six months of the accrual of the cause of action. Failing to present a timely claim almost always bars the subsequent lawsuit. If the public entity rejects the claim in writing, Government Code Section 945.6 then requires suit to be filed within six months of the date the rejection notice is personally delivered or deposited in the mail. If no rejection notice is given, the suit deadline is two years from accrual. Late-claim relief under Government Code Section 911.4 is sometimes available, but it is discretionary and should never be relied upon.

One action, every heir joined

California treats wrongful death as a “one-action” claim. All heirs who have standing under CCP Section 377.60 must be joined in a single lawsuit; a second lawsuit by a left-out heir is generally not permitted. If you are uncertain whether other eligible heirs exist or whether everyone has been identified, talk to a wrongful death lawyer before filing.

Apportionment among heirs (CCP Section 377.62)

Damages recovered on the wrongful death claim are not automatically split evenly. The court (or, in a settlement, the parties) apportions the recovery based on each heir’s relationship to the decedent and the loss each heir actually suffered. A surviving spouse and minor children typically share the largest portions, with adult children, parents, and dependents allocated according to their individual losses.

Why Families Choose Yaghmai Law Firm for Wrongful Death Cases

Wrongful death cases require something more than legal skill. They require investigative discipline, the willingness to take a case to trial when an insurer lowballs the family, and the empathy to walk grieving relatives through a litigation process they never expected to face. We pursue every wrongful death case as if it were going to trial — because that is the only way to get the insurer’s serious attention. We also know that no recovery brings back what was lost, and we treat every client family accordingly.

“Most wrongful death cases I take involve a defendant with both an insurance policy and an employer or premises owner sitting behind it. The mistake families make is calling the carrier directly to talk about the policy. I handle that conversation, and I want the death certificate, autopsy, and the CCP 377.60 heir analysis in hand before any of it starts.”

— Houtan Yaghmai, Esq., President & Managing Attorney

Our representation is contingency-only, which means we share the family’s interest in obtaining the largest possible recovery. We do not refer wrongful death cases out to other firms; we handle them in-house from intake through trial. We speak English, French, and Persian (Farsi) fluently, and we make Spanish-language interpreters available when needed.

Frequently Asked Questions

Who can file a wrongful death claim in California?

Under California Code of Civil Procedure Section 377.60, the decedent’s surviving spouse, registered domestic partner, children, and issue of deceased children have standing, along with anyone who would inherit by intestate succession if the decedent left no surviving issue. Dependents — putative spouse, children of a putative spouse, stepchildren, parents, and legal guardians — may also have standing if they were financially dependent on the decedent. A minor child who lived in the decedent’s household for at least 180 days and was dependent on the decedent for half or more of their support also has standing under Section 377.60(c).

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

California Code of Civil Procedure Section 335.1 gives most wrongful death plaintiffs two years from the date of death to file a lawsuit. If the responsible party is a public entity, you have only six months to present a government claim under Government Code Section 911.2, and any later lawsuit must comply with the suit deadlines in Government Code Section 945.6. Some narrow exceptions apply (minor heirs, delayed discovery, fraudulent concealment) but the safer course is always to consult an attorney as soon as possible.

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

A wrongful death claim is the heirs’ own cause of action for the losses they personally suffered from the death (loss of financial support, loss of love and companionship, funeral expenses). A survival action under California Code of Civil Procedure Section 377.30 is the decedent’s own cause of action that did not die with them; it is brought by the personal representative or successor in interest and recovers the decedent’s economic losses before death plus any punitive damages the decedent would have been entitled to recover. The two claims are typically filed together in one lawsuit.

Can I recover money for my own grief and sorrow?

No. California does not allow recovery on the wrongful death cause of action for the heirs’ grief, sorrow, or mental anguish. The wrongful death claim does compensate for the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support, as well as for lost financial support and the value of household services the decedent would have provided.

Can the estate recover for the decedent’s pain and suffering before death?

For wrongful death and survival actions filed on or after January 1, 2026, California Code of Civil Procedure Section 377.34 limits the survival action to the decedent’s economic losses (medical bills, lost earnings, property damage) plus any punitive damages the decedent would have been entitled to recover. The decedent’s pre-death pain, suffering, and disfigurement are not recoverable under the current statute.

What if a government entity is responsible?

If a public entity (city, county, state, school district, Metro, Caltrans, a public hospital, or a police department) may be responsible, you must present a formal government claim under Government Code Section 911.2 within six months of the death. If the claim is rejected in writing, Government Code Section 945.6 requires suit to be filed within six months of the date the rejection notice is delivered or mailed. Missing the six-month government-claim deadline usually bars the case. Late-claim relief under Section 911.4 exists but is discretionary.

What does a wrongful death lawyer cost?

Yaghmai Law Firm handles wrongful death cases on a contingency-fee basis. There are no attorney’s fees, no investigation costs, and no out-of-pocket expense to the family unless we recover compensation. The case review is free and confidential.

Do all eligible heirs have to be in the same lawsuit?

Yes. California treats wrongful death as a one-action claim under CCP Section 377.60 and related case law. Every person who has standing must be joined in a single lawsuit; a second lawsuit by a left-out heir is generally not permitted. Identifying every eligible heir before filing is one of the most important early steps in a California wrongful death case.

Related Personal Injury Practice Areas

Wrongful death cases frequently arise out of the same kinds of incidents that cause serious injury. If you are not sure where your case fits, the practice-area pages below describe the most common fatal-injury scenarios in Los Angeles.

• Personal Injury Practice Hub
• Los Angeles Car Accident Lawyer
• Los Angeles Truck Accident Lawyer
• Los Angeles Motorcycle Accident Lawyer
• Los Angeles Pedestrian Accident Attorney
• Los Angeles Bicycle Accident Lawyer
• Los Angeles Bus Accident Lawyer
• Los Angeles Brain Injury Lawyer
• Los Angeles Burn Injury Lawyer
• Start a Free Case Review

Reviewed by Houtan Yaghmai, Esq., President & Managing Attorney. Admitted to practice law in California (State Bar No. 298487). He represents personal injury and immigration clients statewide.

Last updated: May 30, 2026.