What is a Wrongful Death Under California Laws?

Wrongful death law in California is a specialized form of recovery that was not allowed under English Common law. California statues are the vehicle for how Los Angeles Wrongful Death Attorneys recover money for California families. Basically, these laws allow financial compensation to the surviving lawful heirs of a decedent who was killed by a negligent tortfeasor, or due to the wrongdoer’s willful neglect, recklessness, misfeasance, malfeasance, or non-feasance.

Other States have wrongful death statutes that are different from California

Other state legislatures have their own "wrongful death statutes." However, every jurisdiction has it’s own set of wrongful death law modernly. There are no federal wrongful death statutes.

How Can a Wrongful Death Happen?

How Los Angeles Wrongful Death Attorneys recover money for California families depends upon who caused the death, who was killed, and what the circumstances were surrounding the dead person’s passing. These circumstances include:

• Motorcycle Accidents


• Truck Accidents


• Exploding Airbag


• Burn Injury


• Brain Injuries


• Electrocutions


• Cruise Ship Injury


• Car Accidents


• Slip and Fall


• Train accident


• Airplane; helicopter accident


• Animal Attack; Dog Bites


• Boating Accident



How Do Los Angeles Wrongful Death Attorneys File Suit for You?

A civil action for wrongful death is usually done on a Judicial Council approved form complaint, which makes it easier to withstand a demurrer. The complaint makes allegations that the decedent was negligently, recklessly, or willfully killed by the defendant. The complaint must also allege that the decedent's heirs (usually family members) are entitled to money damages due to defendant's bad acts. Usually, the surviving heirs are surviving spouses, decedent’s children, and the decedent’s parents. But sometimes there may be a wrongful death of a child. A wrongful death lawsuit must be brought by the executor of the decedent's estate. However, you can still recover under a survival action theory for decedent’s pain and suffering, or expenses incurred prior to his death, so usually, both actions are filed simultaneously.

What Are Wrongful Death Damages?

This means money, which includes loss of sex, love, support, money, care, inheritance, funeral and medical expenses. Usually you can also get interest on the loss since the date of death. Punitive damages are often awarded in cases of recklessness and willful neglect in order to punish the killer and deter others from acting the same in the future, such as a toxic drug manufacturer.

How Does This Work?

If you are awarded damages, they go to the decedent’s estate and pass to the heirs under the will, or trust of the decedent, and if none, than by intestate succession under state law.

Why Should I Retain Wrongful Death Lawyer?

If your loved ones passed away from a wrongful death, it is not enough to know how Los Angeles wrongful death attorneys recover money for California families. You need a lawyer who has the experience in dealing with Courts and judges, as well as defense attorneys who regularly deal with injuries caused by negligence and misconduct of corporations, individuals, and other wrongdoers. There are statutes of limitations in which you need to file your wrongful death lawsuit. Contact Los Angeles personal injury attorneys to get free advice about the legal ramifications of your potential case.

Learn how to retain expert wrongful death attorneys.

Learn how to avoid wrongful death electrocutions by speaking with Los Angeles personal injury attorneys.




Click below to learn more free advice about differences between wrongful death and a survival action in California Courts.