California Wrongful Death Attorney

Losing a loved one because of someone else’s negligence can leave a family facing grief, unanswered questions, and sudden financial uncertainty. While no legal action can replace the person you lost, a wrongful death claim can provide a path toward accountability and financial security for those left behind. Kermani LLP represents families throughout California with compassion and determination, helping them understand what happened, identify responsible parties, and pursue compensation for the losses they have endured. Our California wrongful death lawyers are prepared to investigate the circumstances, build a strong case, and seek justice for your loved one and your family.

Types of Wrongful Death Claims Kermani LLP Handles in California

A wrongful death can happen in many different circumstances, but every case shares the same devastating reality: a family has lost someone because of another person’s or company’s actions. These cases may involve careless drivers, unsafe property conditions, dangerous products, workplace hazards, or other forms of negligence. Our California wrongful death lawyers help families seek answers and accountability in cases involving:

• Car Accidents: High-speed impacts, especially on freeways and at fast-moving intersections, are the most common way an otherwise survivable crash turns fatal.
• Truck Accidents: The size and weight difference between a commercial truck and a passenger vehicle means a crash the truck driver walks away from can be fatal for everyone else involved.
• Motorcycle Accidents: Riders have almost no protection in a crash, which is part of why fatal motorcycle cases often turn on whether the other driver saw the rider at all.
• Pedestrian Accidents: A pedestrian's odds of surviving a crash drop sharply as the vehicle's speed increases, which makes the speed of the vehicle involved a central issue in these claims.
• Bicycle Accidents: A cyclist has no protection at all against a vehicle collision, so an impact that would leave a driver with minor injuries can be fatal for the rider.
• Rideshare Accidents: A fatal rideshare crash raises the same question as any other, whether the driver's app was on, waiting for a match, or mid-ride, but the company's insurer typically becomes directly involved in the investigation once a death has occurred.
• Drunk Driving Crashes: The driver's blood alcohol level at the time of the crash can support both criminal charges and a separate civil wrongful death claim.
• Hit-and-Run Accidents: When the at-fault driver can't be identified or located, the family's own uninsured motorist coverage often becomes the primary source of recovery.
• Construction Accidents: A fatal construction accident triggers a Cal/OSHA investigation in addition to any civil claim, and the agency's findings often become key evidence in the case.
• Workplace Accidents Involving Third Parties: Workers' compensation generally bars a wrongful death claim against the employer itself, but if a contractor, equipment manufacturer, or property owner contributed to the death, the family may still bring a separate claim against them.
• Dangerous Property Conditions: A fatal fall or other property-related death often comes down to whether the owner knew, or should have known, about the hazard and failed to fix it.
• Defective Products: A wrongful death claim over a defective product doesn't require proving the manufacturer was careless, only that the product was unreasonably dangerous as designed or made.
• Nursing Home Neglect or Abuse: California's Elder Abuse and Dependent Adult Civil Protection Act can open up remedies beyond a standard wrongful death claim when neglect or abuse contributed to a resident's death.
• Medical Negligence: California caps certain non-economic damages in medical malpractice cases differently than in other wrongful death claims, which is why how a claim gets categorized matters from the start.

The circumstances surrounding a wrongful death can determine who may be held responsible and what claims may be available to surviving family members. Kermani LLP can investigate what happened, preserve important evidence, identify every potentially liable party, and help your family pursue accountability and compensation for the loss of your loved one.

Who Can File a Wrongful Death Claim in California?

When a family loses someone unexpectedly, one of the first legal questions may be who has the right to bring a wrongful death claim. California Code of Civil Procedure § 377.60 limits these claims to certain surviving family members and other qualifying individuals.

Those who may be eligible include:

• A surviving spouse
• A registered domestic partner
• Children of the deceased
• Children of a deceased child
• Individuals who would inherit under California intestate succession laws if there are no surviving children or other descendants
• A dependent putative spouse
• Dependent children of a putative spouse
• Dependent stepchildren
• Dependent parents
• Certain legal guardians when the deceased person’s parents are no longer living
• Certain dependent minors who lived in the deceased person’s household for at least 180 days before the death

The deceased person’s personal representative may also bring the wrongful death action on behalf of those entitled to recover.

Determining who has the right to file can become more complicated when several relatives survive the deceased or when eligibility depends on financial dependence or inheritance rights. Kermani LLP can review your family’s circumstances, explain who may participate in the claim, and help ensure that the rights of eligible family members are protected.

What Families Can Recover in a Wrongful Death Claim

A wrongful death claim gives eligible family members a way to seek accountability when another person or company causes a preventable death. To succeed, the family generally must establish the wrongful act or negligence, show that it caused the death, and demonstrate the losses resulting from it. 

Compensation in a California wrongful death claim may include:

• Loss of the financial support the deceased would have provided
• Funeral and burial expenses
• Loss of expected gifts or benefits
• Loss of household services
• Loss of love and companionship
• Loss of comfort and care
• Loss of assistance and protection
• Loss of affection and moral support
• Loss of guidance and training
• Loss of intimacy between spouses or partners, when applicable

California law focuses on the losses experienced by surviving family members. It does not place a fixed value on the loss of a loved one, and each family’s circumstances are considered individually. 

In some cases, a separate survival action may also be available for certain losses or claims that belonged to the deceased before death. Wrongful death and survival claims serve different purposes and may involve different recoverable damages. 

Wrongful death claims are also subject to strict filing deadlines. California generally provides two years for an action based on a death caused by another person’s wrongful act or neglect, although exceptions and shorter deadlines can apply. A California wrongful death lawyer at Kermani LLP can determine which claims may be available and help your family pursue them with care and attention.

California Laws and Deadlines That Affect Wrongful Death Claims

Survival Actions Under CCP § 377.30

California wrongful death cases may involve both a wrongful death claim and a separate survival action. Under California Code of Civil Procedure § 377.30, a survival action allows the deceased person’s personal representative or successor in interest to pursue certain claims the deceased could have brought if they had lived. Unlike a wrongful death claim, which compensates eligible family members for their own losses, a survival action generally seeks damages arising from losses the deceased sustained before death.

Pain and Suffering in Survival Actions

The damages available in a survival action are subject to CCP § 377.34. As of 2026, newly filed survival actions generally cannot recover damages for the deceased person’s pre-death pain, suffering, or disfigurement. A temporary provision allowing those damages applies only to certain qualifying actions filed before January 1, 2026.

Statute of Limitations

Under CCP § 335.1, a wrongful death lawsuit generally must be filed within two years when the death was caused by another party’s wrongful act or neglect. Different deadlines may apply depending on the circumstances of the case.

Claims Against Public Entities

If a public entity may be responsible, the California Government Claims Act, Government Code § 911.2, generally requires a claim involving death or personal injury to be presented to the public entity within six months after the cause of action accrues.

Because survival actions, wrongful death claims, and government claims can involve different requirements and deadlines, a California wrongful death lawyer at Kermani LLP can determine which laws apply and help protect the family’s right to pursue compensation.

Let Kermani LLP Protect Your Family’s Rights After a Wrongful Death

When someone you love is taken because of another party’s negligence, your family may be left with painful questions and difficult decisions. Kermani LLP is here to provide clear guidance, compassionate support, and strong legal representation during this time. Our California wrongful death lawyers can investigate what happened, identify those responsible, and pursue compensation for the financial and personal losses your family has suffered. Contact Kermani LLP for a free consultation to discuss your rights and the legal options available to your family.