Wrongful Death Attorney in Los Angeles, CA
When a person dies because of someone else’s negligence, California law allows certain family members to bring a wrongful death claim for the losses they carry afterward. Those losses include the financial support the person provided and the relationship itself. Rafii & Associates helps families in Los Angeles and throughout California understand who is able to file, what the law allows them to recover, and how long they have to act.
There is no good time to think about a legal claim after a death, and nothing about the process brings a person back. What it can do is hold the responsible party accountable and relieve some of the financial weight that falls on a family at the worst possible moment. A wrongful death lawyer in Los Angeles can explain the options without any obligation to pursue them. The consultation is free and confidential, and the firm works on a contingency fee basis, so there is no fee and no case costs unless compensation is recovered.
Who Can File a Wrongful Death Claim in California?
California limits who may bring a wrongful death claim. Code of Civil Procedure section 377.60 sets out the categories, roughly in order of priority.
Spouse, domestic partner, and children. A surviving spouse or registered domestic partner, the deceased person’s children, and the children of any child who died before them have the clearest right to file.
Heirs under intestate succession. If none of the above survive, the right passes to the people who would inherit the deceased person’s property under California’s intestate succession rules, which can include parents and siblings.
Financial dependents. Certain people who depended on the deceased for support may also be eligible, including a putative spouse and that person’s children, stepchildren, and parents. Eligibility here turns on actual financial dependency, which has to be shown rather than assumed.
One action for everyone. California generally requires a single wrongful death action brought on behalf of all eligible heirs rather than separate suits. Family members who are eligible but not named still have to be accounted for, which is one reason these cases are handled carefully at the outset.
Who can file a wrongful death lawsuit in California is the question families ask first, and the answer is not always obvious. Blended families, estranged relatives, and adult children living independently all raise questions that are worth resolving early with a Los Angeles wrongful death attorney rather than after a filing deadline has passed.
Wrongful Death Claim or Survival Action?
These are two different claims, and a family may have both.
A wrongful death claim belongs to the surviving family members and compensates them for what they lost when the person died: financial support, household services, and the relationship itself.
A survival action, under Code of Civil Procedure section 377.30, belongs to the deceased person’s estate. It covers losses the person suffered between the injury and their death, such as medical expenses for the final illness or injury, lost earnings during that period, and property damage.
One important limit applies to survival actions. A temporary law allowed estates to recover the deceased person’s pain, suffering, and disfigurement in survival actions filed between January 1, 2022 and January 1, 2026. That provision lapsed, so for actions filed on or after January 1, 2026, those damages are generally not recoverable in a survival action. This does not affect what a family can recover in the wrongful death claim itself. Limited exceptions apply in certain elder abuse cases, and the rule in any particular situation should be confirmed by an attorney.
Common Causes of Wrongful Death Cases
Any act of negligence that would support an injury claim can support a wrongful death claim when the person does not survive it.
Car, truck and motorcycle crashes. Vehicle collisions are the most common cause of the wrongful death claims this firm handles, and commercial truck cases in particular involve multiple liable parties and federal safety regulations.
Pedestrian and bicycle fatalities. People on foot and on bikes have no protection in a collision, and these cases frequently involve disputes over right of way.
Rideshare collisions. Crashes involving an Uber or Lyft raise questions about which insurance policy applies, which depends on what the driver was doing at the time.
Unsafe property and negligent security. Falls from height, structural failures, drownings, and assaults that a property owner could have prevented through adequate security.
Workplace and construction accidents. A third party who controlled the hazard may be liable outside the workers’ compensation system.
Defective products. A manufacturer, distributor, or retailer may be responsible when a dangerous product causes a death.
Deaths caused by medical negligence follow a different set of deadlines and damage rules under California’s medical injury compensation statutes, and those claims should be evaluated separately.
Damages in a California Wrongful Death Case
California divides wrongful death damages into the family’s financial losses and the loss of the relationship. The law does not permit punitive damages in a wrongful death claim itself, though they may be available through a survival action in some circumstances.
Funeral and burial expenses. The reasonable cost of the funeral, burial or cremation, and related arrangements.
Loss of financial support. The income and benefits the person would reasonably have provided to the family over their working life, calculated with economic expert testimony in larger cases.
Loss of household services. The value of the work the person did for the household, including childcare, cooking, maintenance, transportation, and care for an aging relative. This is often substantial and often overlooked.
Loss of love and companionship. The loss of the person’s companionship, comfort, care, affection, society, and moral support. California recognizes this as a real and compensable loss even though no receipt exists for it.
Loss of guidance and training. The loss of a parent’s guidance, instruction, and moral training, which carries particular weight when children are left behind.
Medical expenses for the final illness or injury are generally recovered by the estate through the survival action rather than in the wrongful death claim. A Los Angeles wrongful death lawyer can sort out which claim each category of loss belongs to, since the two are filed together but valued separately.
How Long Do You Have to File a Wrongful Death Claim?
Two years from the date of death in most cases, under Code of Civil Procedure section 335.1. The clock runs from the date of death rather than the date of the injury that caused it, which matters when someone survives for a period before dying.
Two situations carry shorter deadlines. If a public entity or a government employee was involved, a written claim generally must be presented to that entity within six months of the death, and a lawsuit can follow only after it responds or the response period passes. Deaths caused by medical negligence follow separate deadlines entirely. The wrongful death statute of limitations in California is unforgiving once it passes, so it is worth confirming early which rule applies rather than assuming the general two-year period governs.
Why Choose Rafii & Associates
Rafii & Associates brings 100+ years of combined legal experience to wrongful death claims across California. The Los Angeles wrongful death attorneys at the firm handle these cases on a contingency fee basis, which means the family pays no fees and no case costs unless compensation is recovered.
Families are not managed through a call center. Clients speak with their attorney about the case rather than being routed to a case manager.
The firm will come to you. Attorneys travel to meet families at home or in the hospital when coming to an office is not realistic.
Bilingual support. Se habla español, with Spanish-language assistance throughout the claim.
Reachable around the clock. The firm is available 24/7, including in the period right after a death when insurers often make early contact.
Local offices. A Beverly Hills wrongful death lawyer from the firm can meet you locally, and the firm maintains 11 locations across California and Nevada.
A Los Angeles wrongful death law firm should be judged on whether it handles the case thoroughly and treats the family with respect while doing it. Rafii & Associates takes both seriously.
If you are weighing whether to speak with someone, there is no cost to the conversation and no obligation that follows it. Contact Rafii & Associates for a free confidential consultation with a California wrongful death lawyer. A wrongful death attorney in California will explain who is eligible to file, what the law allows your family to recover, and what the deadlines are in your situation. There is no fee and no case costs unless compensation is recovered.
Frequently Asked Questions
Who can file a wrongful death lawsuit in California?
Code of Civil Procedure section 377.60 sets out who is eligible. A surviving spouse or registered domestic partner, the deceased person's children, and the children of a child who died earlier have the clearest right. If none of those survive, the right passes to whoever would inherit under California's intestate succession rules, which can include parents and siblings. Certain financial dependents may also qualify, including a putative spouse, stepchildren, and parents who relied on the deceased for support. California generally requires one action brought on behalf of all eligible heirs rather than separate lawsuits.
How long do I have to file a wrongful death claim in California?
Two years from the date of death in most cases, under Code of Civil Procedure section 335.1. The period runs from the death rather than from the underlying injury. If a public entity or government employee was involved, a written claim generally has to be presented to that entity within six months, and a lawsuit can only follow after the entity responds or the response window closes. Deaths caused by medical negligence follow separate rules. Because the shorter deadlines are easy to miss during a period when families are not thinking about litigation, it is worth confirming early which one applies.
What damages can a family recover in a wrongful death case?
Two categories. The financial losses include funeral and burial expenses, the loss of financial support the person would have provided, and the value of household services such as childcare, maintenance, and care for a relative. The personal losses include the loss of love and companionship, comfort, care, affection, and moral support, along with the loss of a parent's guidance and training where children are involved. Medical expenses for the final illness or injury are generally recovered by the estate through a survival action rather than through the wrongful death claim.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim belongs to the surviving family and compensates them for what they lost through the death. A survival action, under Code of Civil Procedure section 377.30, belongs to the estate and covers what the deceased person lost between the injury and death, such as medical bills and lost earnings during that period. A temporary law permitted estates to recover the deceased person's pain and suffering in survival actions filed between January 1, 2022 and January 1, 2026. That provision has lapsed, so those damages are generally not recoverable in survival actions filed on or after January 1, 2026, with limited exceptions in certain elder abuse cases.
Can I file a wrongful death claim if criminal charges were filed against the person responsible?
Yes. A criminal prosecution and a civil wrongful death claim are separate proceedings with different purposes and different standards of proof. The criminal case is brought by the state to punish the conduct. The civil claim is brought by the family to recover their losses, and it requires proof by a preponderance of the evidence rather than beyond a reasonable doubt. A family can pursue a civil claim whether or not charges are filed, and whether or not a prosecution results in a conviction.
How much does it cost to hire a wrongful death lawyer?
Nothing upfront. Wrongful death lawyers in Los Angeles at this firm work on a contingency fee basis, which means the fee comes out of the recovery rather than out of the family's pocket, and there is no fee and no case costs if there is no recovery. The initial consultation is free and confidential. The fee percentage and the handling of costs are set out in a written agreement before any work begins, and you should expect any firm to explain both clearly before you sign.
How long does a wrongful death case take in Los Angeles?
It depends on whether liability is disputed and whether the case settles. Claims resolved with an insurer may conclude within several months once the full scope of the losses is documented. Cases that require filing a lawsuit generally take one to two years, and complex matters involving several defendants or a public entity can take longer. Rushing to settle early usually works against a family, because the full extent of the financial loss takes time to establish. A Los Angeles death claims lawyer can give a realistic range once the facts are known.
“Excellence | Commitment | Results” embodies the core values that define our firm. These principles stem from our unwavering dedication to our clients and a proven history of success. What sets us apart is our steadfast commitment to delivering personalized, results-driven representation.
As highly experienced trial lawyers, we skillfully handle a wide range of cases, including personal injury, employment disputes, and consumer fraud. Serving clients across California and Nevada, we represent those who have been wronged, tirelessly pursuing justice for clients and holding others accountable.
Wrongful Termination
Pedestrian Accident
Common Carrier
Bus Rollover
Class Action
Wage & Hour
Taxi Driver
Kidnapping
Consumer Fraud
Trucking Accident
Fall From Tree on
Residential Property
Wrongful Termination
Pedestrian Accident
Common Carrier
Bus Rollover
Class Action
Wage & Hour
Taxi Driver
Kidnapping
Consumer Fraud
Trucking Accident
Fall From Tree on
Residential Property