Premises and Injury
Accountability will not undo this. It can still matter
A wrongful death claim exists so a family is not left carrying the financial consequences of someone else’s conduct, alongside the loss itself.
About wrongful death claims
California recognizes two distinct claims after a death caused by another’s wrongful act. A wrongful death claim under Code of Civil Procedure section 377.60 belongs to specific surviving family members, generally the spouse or domestic partner, children, and in defined circumstances parents or others who were financially dependent. A separate survival action under section 377.30 is brought by the estate for the losses the person suffered before death.
Recoverable losses include the financial support the family would have received, loss of household services, funeral and burial expenses, and the loss of the decedent’s love, companionship, comfort, care, moral support and guidance. California does not permit recovery for the survivors’ own grief and sorrow as a separate item, which is one reason these claims must be documented carefully rather than argued emotionally.
We handle wrongful death arising from defective products, vehicle and truck collisions, dangerous premises and unsafe worksites. Because this firm focuses on product liability, we routinely examine whether a product failure contributed, which can add a defendant with far greater responsibility than is first apparent.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Loss of the financial support and benefits the decedent provided
- Loss of household services, childcare and caregiving
- Loss of love, companionship, comfort, care and moral support
- Loss of a parent’s guidance and training for surviving children
- Funeral and burial expenses
- The decedent’s own pre-death losses, pursued through a survival action
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- A product manufacturer, component supplier or seller in the chain of distribution
- An at-fault driver, motor carrier or their employer
- A property owner, contractor or premises operator
- A public entity responsible for a dangerous condition of public property
- Any other business or individual whose wrongful conduct caused the death
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Autopsy and coroner findings and the complete medical record
- Preservation of the product, vehicle or scene involved
- Documentation of the decedent’s earnings, benefits and career trajectory
- Evidence of the family relationship, dependency and household contributions
- Independent investigation and expert analysis of cause and responsibility
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Wrongful Death: common questions
Injured by wrongful death? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.