Compassionate Support When You Need It Most
Losing a loved one is devastating—especially when the loss was preventable. If someone else’s negligence caused your family member’s death, California law gives you the right to seek justice. At TITOparaTI, our carefully selected team of wrongful death lawyers in California provide culturally sensitive, compassionate legal support to help you and your family navigate this difficult time.
Beyond grief, families often face financial stress: medical bills, funeral costs, and lost income can compound an already painful situation. That’s why we take on the legal burden, so you can focus on healing.
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Wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another party. California law provides surviving family members the legal right to seek damages for their loss through the civil court system.
Unlike criminal cases, where the state prosecutes the responsible party and punishment may include imprisonment, wrongful death claims are civil actions initiated by the survivors seeking financial compensation. The burden of proof in these cases is also different—requiring a “preponderance of evidence” rather than proof “beyond reasonable doubt.”
At TITOparaTI, we treat every client with the respect, compassion, and dedication they deserve. We understand the cultural, emotional, and legal complexity surrounding wrongful death cases—especially within California’s diverse Hispanic communities.
Focused experience in wrongful death litigation
Millions recovered for grieving families
Bilingual legal team that speaks your language
Access to trusted experts for medical, economic, and forensic support
Available 24/7 for urgent questions or concerns
No fees unless we win your case
We work directly with California’s top 10 litigating firms – the same elite attorneys that even the biggest legal firms turn to for their most complex cases
Our network of endorsed attorneys secures 2-5x more compensation than the average personal injury attorney
You’re never alone. From your first call to your final settlement, our team guides you through every step
Legal help within minutes, not days – exactly when you need it most
Under California Code of Civil Procedure § 377.60, only specific individuals may bring a wrongful death action. The law establishes a clear hierarchy of who has the right to sue:
Immediate family members
Surviving spouse or domestic partner
Children (including adopted children)
Stepchildren who were financially dependent on the deceased (in some cases)
Other potential claimants (if no surviving spouse or children exist)
Parents or legal guardians
Siblings
Grandparents
Other minor dependents who lived in the deceased’s household for at least 6 months
Financial dependents
Anyone who can prove they were financially dependent on the deceased
This may include putative spouses and children of putative spouses
It’s important to note that California follows the “one action rule,” meaning all eligible parties must join together in a single lawsuit. Our wrongful death attorneys in California can help determine who qualifies and ensure all legitimate claimants are properly represented.
While no amount of money can truly compensate for the loss of a loved one, wrongful death settlements provide crucial financial support to families dealing with both economic hardships and emotional suffering. There’s no fixed value for these cases, as each situation is unique.
California law divides damages into two main categories:
These are quantifiable financial losses, including:
Funeral and burial expenses (averaging $7,000-$12,000 in California)
Medical costs incurred before death
Loss of the deceased’s income and future earnings potential
Loss of benefits (pension, health insurance, etc.)
Loss of household services the deceased would have provided
These address the intangible but very real losses suffered:
Loss of love, companionship, comfort, and guidance
Loss of consortium (for surviving spouses/partners)
Loss of training and nurturing (for children)
Emotional distress and mental suffering
Unlike some states, California does not impose caps on compensatory damages in most wrongful death cases, with the exception of medical malpractice cases, which are limited to $250,000 for non-economic damages under MICRA (Medical Injury Compensation Reform Act).
Our California wrongful death lawyers work with economic experts to accurately calculate appropriate compensation. Several factors influence the final amount:
Age, health, and life expectancy of the deceased – Younger victims with longer life expectancies may result in higher compensation calculations
Earning capacity and career trajectory – Including education, skills, and career advancement potential
Relationship to the claimant(s) – The closeness of the relationship affects non-economic damages
Degree of financial dependence – How reliant survivors were on the deceased’s income
Available insurance coverage – Insurance policy limits often influence settlement amounts
Percentage of fault – California follows comparative negligence rules, potentially reducing compensation
Jurisdiction and venue – Settlement values vary by location within California
While every case is unique, our experience handling wrongful death cases throughout California provides some insight into potential settlement ranges:
Auto accident cases: $250,000 to $5 million+
Medical malpractice: $500,000 to $2 million+
Workplace accidents: $400,000 to $3 million+
Defective products: $1 million to $10 million+
💡 Important tax note: Wrongful death settlements in California are generally not subject to federal income tax, though certain portions like punitive damages or interest may be taxable.
California imposes strict deadlines, known as statutes of limitations, for filing wrongful death lawsuits:
General wrongful death claims: Two years from the date of death
Medical malpractice: Three years from the date of injury or one year from when the injury should have been discovered, whichever occurs first
Government entities: Claims must be filed within six months
Missing these critical deadlines can permanently bar you from recovering any damages, regardless of how strong your case might be. This underscores the importance of consulting with a wrongful death lawyer in California as soon as possible after your loss.
Certain exceptions may apply in limited circumstances:
If the cause of death was discovered later
If the claimant was a minor at the time of death
If fraud or concealment prevented discovery of the cause
Building a compelling wrongful death case requires substantial evidence. Our experienced California wrongful death attorneys will help gather and preserve crucial documentation, including:
Death certificate
Autopsy reports and medical examiner findings
Medical records from before death
Expert medical testimony establishing cause of death
Police reports and accident investigations
Workplace incident reports
Photographs and video of the accident scene
Product documentation (for defective product cases)
Eyewitness statements
Expert witness testimony (accident reconstructionists, engineers, etc.)
Character witnesses who can speak to the relationship with the deceased
Employment records and income history
Tax returns
Benefits information
Household services valuation
Marriage certificates
Birth certificates
Testimonials about the relationship quality
Evidence of dependency
Understanding the most frequent causes helps families recognize when they might have a valid claim. Our wrongful death lawyers in California regularly handle cases involving:
Traffic fatalities remain a leading cause of wrongful death claims, with approximately 3,600 traffic deaths annually in California. Contributing factors include:
Distracted driving (particularly texting)
Drunk or drugged driving
Speeding and reckless driving
Commercial truck violations
Poor road design or maintenance
When healthcare providers fail to meet the standard of care, fatal consequences can result from:
Misdiagnosis or delayed diagnosis
Surgical errors
Medication mistakes
Birth injuries
Hospital-acquired infections
Anesthesia errors
High-risk industries see numerous fatalities each year from:
Falls from heights
Equipment malfunctions
Electrocutions
Trench collapses
Chemical exposures
Fires and explosions
Manufacturers can be held strictly liable when their products cause death:
Automotive defects
Dangerous drugs and medical devices
Defective industrial equipment
Toxic consumer products
Dangerous children’s products
Property owners may be responsible for deaths caused by:
Inadequate security leading to assault
Swimming pool accidents
Fire safety violations
Structural collapses
Toxic exposures
Slip and fall accidents
California law enforces what’s known as the “one action rule” for wrongful death claims. This important legal principle means:
Only one wrongful death lawsuit can be filed per decedent
All eligible family members must join together in this single legal action
Separate suits by different family members are not permitted
The total recovery must be divided among all eligible survivors
This rule makes proper case management crucial, as overlooking an eligible claimant could lead to complications. Our experienced wrongful death attorneys in California ensure all rightful beneficiaries are included and their interests protected.
Though often confused, these are two distinct legal remedies available after a person’s death:
Filed by surviving family members
Compensate for the survivors’ own losses
Include damages for loss of companionship, financial support, etc.
Cannot include the deceased’s pain and suffering
Brought by the personal representative of the estate
Recover damages the deceased could have claimed had they survived
Include medical expenses, lost wages, and property damage
May include pain and suffering if the death wasn’t immediate
Can include punitive damages in cases of extreme misconduct
In many cases, these actions are combined into a single lawsuit to maximize recovery. Our California wrongful death lawyers can determine which approach is most appropriate for your specific situation.
Unlike some states, California law doesn’t provide specific formulas for dividing wrongful death settlements among survivors. Distribution typically follows these methods:
By agreement – Beneficiaries may agree among themselves how to divide the proceeds
By court decision – If beneficiaries cannot agree, the court will determine an equitable distribution
By arbitration – Some cases use alternative dispute resolution to decide allocation
Factors considered in distribution include:
Financial dependency on the deceased
Closeness of the relationship
Age of the beneficiaries (minor children often receive larger portions)
Individual circumstances of each beneficiary
Our wrongful death attorneys in California help navigate these complex negotiations to ensure fair treatment for all legitimate claimants.
With over 10,000 attorneys in California, Tito para Ti connects you directly to the top few who actually go to trial.
Our skilled trial attorneys are well-versed in handling a full spectrum of matters.
