What To Expect When Filing a Wrongful Death Claim in California

 Posted on May 08, 2025 in Wrongful Death

When someone dies as a result of another party’s negligence, California law allows surviving family members to file a claim for damages. Known as a wrongful death claim, this claim is a legal action aimed at recovering compensation for the financial and mental losses family members and beneficiaries suffer under such tragic circumstances. If you have questions about your right to claim damages for the loss of a loved one, a Glendale, CA wrongful death attorney can help you navigate the civil process.

Who Is Eligible to File a Wrongful Death Claim in California?

The right to file a wrongful death claim is not immediately available to everyone related to the victim. According to California law, the following parties, in order of priority, can file:

• Surviving spouse and children: Spouses, domestic partners, and children of the wrongful death victim have the primary right because they typically suffer the most from their loss.

• Surviving parents: When the deceased has no surviving spouse, partner, or children, their parents are next in line to file a claim.

• Other dependents: Without a surviving partner, spouse, child, or parent, other dependents or heirs, such as stepchildren, can claim damages related to their loss.

The purpose of this hierarchy of claimants is to ensure that those impacted the most can seek compensation before anyone else.

What Type of Compensation Can You Recover in a Wrongful Death Case?

As with most personal injury claims, you can seek compensation for economic and non-economic losses. Wrongful death can result in significant financial losses for those dependent on the victim. For example, the cost of any medical care the victim required before they passed and the expenses related to the funeral and burial can be devastating. The deceased’s absence can also result in loss of financial support and benefits. In California, the party responsible for a wrongful death is liable for those economic losses

Loss of companionship, emotional distress, and loss of guidance are a few non-economic damages commonly associated with a wrongful death case. The emotional toll can be immense, and California civil courts recognize that those losses should also be included in monetary compensation. Spouses can also claim loss of consortium, which relates to the loss of marital relations and the unique companionship between spouses.

How Can an Attorney Help with a California Wrongful Death Case?

Hiring an attorney means having the added advantage of experienced guidance, allowing you to navigate the complexities of a wrongful death claim with better assurance that you are meeting the legal requirements. Your attorney will also inform you of your rights and offer support. These cases can be challenging. A legal representative alleviates most of the burden, such as gathering evidence, communicating with the insurance company, and preparing for trial, if necessary.

Contact a Los Angeles, CA Wrongful Death Attorney for a Free Consultation

At Tahmazian Law Firm, P.C., we understand the sensitivity of a wrongful death claim and the devastating ways that this type of loss can impact the surviving family members. Working with an LA County, CA wrongful death lawyer means having someone dedicated to protecting your rights and collecting the evidence needed to prove your right to compensation. Call 818-242-8201 to schedule a free consultation today, and learn more about the losses you can claim under California law.