Wrongful Death

California Wrongful Death Lawyer

When negligence steals a life, surviving family members deserve answers — and accountability. We handle wrongful death claims with discretion, compassion, and unwavering resolve.

Reviewed by Ryan D. Kocaj, Founding Attorney — CA Bar No. 321680Last updated

No verdict will undo what was taken from your family. But under California Code of Civil Procedure § 377.60, surviving spouses, children, and certain other dependents have the right to pursue full and fair compensation for the loss — including the love, comfort, society, and financial support a loved one would have provided.

We approach these cases with the gravity they deserve. Our role is to carry the legal burden so your family can grieve — and to leave no stone unturned in the pursuit of justice.

Cases we take

What we handle

Each fact pattern is investigated with the same intensity — whether it settles before suit or proceeds through trial and appeal.

Fatal motor vehicle crashes

Drunk driving, trucking collisions, and pedestrian fatalities.

Medical negligence deaths

Surgical errors, missed diagnoses, anesthesia complications, and birth-related fatalities.

Workplace fatalities

Construction site deaths, equipment failures, and third-party negligence beyond workers' comp.

Premises liability fatalities

Drownings, falls, fires, and negligent security deaths.

Defective product fatalities

Vehicle defects, dangerous medications, and failed medical devices.

Nursing home deaths

Elder neglect, medication errors, and unexplained falls in care facilities.

Why this matters

The stakes are real.

California law actually provides for two related but distinct claims after a death. A wrongful death claim under § 377.60 belongs to the survivors — for their loss of the relationship. A survival actionunder § 377.30 is brought by the estate for the decedent's pre-death pain, suffering, and economic losses. Both are often pursued together.

These cases require careful coordination with probate counsel, economists, and life-expectancy experts. We handle every piece.

Compensation we pursue

Damages available to you

  • Funeral and burial expenses
  • Lost financial support over the decedent's expected lifetime
  • Loss of love, companionship, comfort, care, and moral support
  • Loss of household services
  • Pre-death pain and suffering (survival claim)
  • Punitive damages where conduct was egregious

What to expect

How we build your case

  1. 01

    Confidential consultation

    We meet with you privately, review the circumstances, and explain your rights — at no cost.

  2. 02

    Investigation & expert work-up

    We retain forensic experts, economists, and treating providers to fully document liability and loss.

  3. 03

    Trial-ready prosecution

    We prepare every case as if it will be tried, which is how we obtain the strongest settlements — and verdicts when needed.

FAQ

Frequently asked questions

Who can file a wrongful death claim in California?

Under CCP § 377.60, a surviving spouse, domestic partner, or children can file. If none exist, the right passes to those who would inherit by intestate succession (parents, siblings, etc.). Certain dependents may also qualify.

How long do we have to file?

Generally two years from the date of death for most wrongful death claims, with a one-year statute of limitations for medical malpractice deaths and a six-month government claim deadline for deaths caused by public entities.

Will we have to go to trial?

Most cases resolve before trial, but we prepare every case as if it will be tried. Carriers pay full value when they know we are ready to take the case to a jury.

What does it cost?

Nothing up front. We work on contingency and advance all litigation costs. Your family pays nothing unless we recover.

No Recovery. No Fee.

Injured? Let’s talk — your consultation is free.

You pay nothing unless we recover for you. Speak directly with Adam Kocaj today.