Filing a Wrongful Death Claim After a Drunk Driving Crash in California

 Posted on September 15, 2025 in Wrongful Death

On August 8, 2024, a drunk driver slammed into a home in Downey, killing a 73-year-old grandmother and badly injuring her granddaughter while they slept. Sadly, this is just one of many tragedies in Los Angeles County caused by impaired drivers.

Families facing this kind of loss may be able to hold the drunk driver financially accountable through a wrongful death claim. These cases are governed by state laws that outline who can file a claim and what damages may be available. While law cannot heal the hurt a drunk driver can cause, an experienced Los Angeles, CA wrongful death lawyer can help you get the compensation you deserve.

Who Can File a Wrongful Death Claim in California?

Under California Code of Civil Procedure § 377.60, certain relatives, such as a surviving spouse, domestic partner, or children, may file a wrongful death claim. If none of these parties are living, others who would inherit under California’s intestate succession laws may qualify. This can include parents or siblings. You have to act quickly. Under § 335.1, you have two years from the date of death to file a lawsuit. If a claim is not filed within that time, you could be disqualified from recovering any compensation.

Does California Have Dram Shop Laws?

"Dram Shop" laws hold bars or restaurants responsible for overserving alcohol to someone who later causes a drunk driving accident. In California, these laws are more limited. Under California Civil Code §1714, a business that sells or provides alcohol is generally not liable for injuries caused by someone who becomes intoxicated. The law places responsibility on the person who consumed the alcohol, not the server.

There are a few exceptions. For example, if alcohol is furnished to a person under 21, or to someone who is "obviously intoxicated," liability may apply. However, these situations are narrowly defined, and most wrongful death claims focus on the drunk driver’s negligence rather than a bar or restaurant’s conduct.

Potential Damages From a California Wrongful Death Claim Involving a Drunk Driver

The goal of a wrongful death lawsuit is to compensate family members for the losses they have suffered. These damages can be both financial and emotional, including:

• Funeral and burial expenses

• The income the deceased would have earned

• The value of the household services the deceased provided

• The loss of love, companionship, guidance, and support

Every case is different, and the types of damages available will depend on the details of the crash and the impact of the death on the victim’s loved ones. For example, on July 7, 2024, a 22-year-old woman was killed and three others were injured when a suspected drunk driver caused a collision in Van Nuys. The circumstances of this case and the earlier-mentioned case with the 73-year-old grandmother are significantly different. For an older victim, damages may focus more heavily on the emotional impact of the loss, such as the absence of guidance, companionship, and family support. In contrast, the wrongful death of a younger adult often means you have to consider decades of lost income, career opportunities, and other financial contributions that were cut short. A wrongful death attorney will consider all avenues of recovery and pursue full compensation.

Contact a Glendale, CA Wrongful Death Attorney Today

The pain of losing someone to a drunk driving crash cannot be undone, but a wrongful death lawsuit may provide accountability and financial security. An attorney experienced in these cases will explain your options, file claims within the deadlines, and pursue the compensation your family deserves.

If you have lost a loved one in a drunk driving accident, contact the experienced Los Angeles, CA wrongful death lawyers at Tahmazian Law Firm, P.C. today. We are a father-and-sons firm, bringing over 30 years of combined legal experience to every case. Over the years, we have secured more than $100 million in verdicts and settlements for our clients. Call us today at 818-242-8201 to schedule your free consultation.