CD LAW
Custodio & Dubey LLP
Los Angeles Wrongful Death
CD LAW
Los Angeles Wrongful Death
After a Loss
California wrongful death law does not simply allow every relative to file a lawsuit. The law identifies who may have the right to bring the claim and under what circumstances.
THE LOSS
BELONGS TO
THE FAMILY.
THE LEGAL CLAIM
HAS RULES.
California Code of Civil Procedure Section 377.60 identifies the people who may assert a wrongful death cause of action, and permits the decedent's personal representative to act on behalf of qualifying persons.
Not every family member automatically qualifies. Eligibility depends on the statutory category and the specific circumstances.
01
Surviving Spouse
Expressly identified in California Code of Civil Procedure Section 377.60 as a person who may assert a wrongful death claim.
02
Registered Domestic Partner
A qualifying registered domestic partner is expressly included among those who may assert a wrongful death claim under California law.
03
Children
Children of the decedent are expressly included in the California wrongful death statute.
04
Issue of Deceased Children
Descendants of a child who has also died may fall within the statutory framework depending on the circumstances.
Immediate Family
California law expressly identifies a surviving spouse and a qualifying registered domestic partner among those who may assert a wrongful death claim under California Code of Civil Procedure Section 377.60.
The specific facts and circumstances of the relationship and the case will still bear on the overall legal analysis. An attorney can help evaluate the applicable standing and what the claim may involve.
Children and Descendants
Children of the decedent are expressly included in California's wrongful death statute as persons who may assert a wrongful death claim. "Children" here generally refers to the direct children of the person who died.
The issue of a deceased child — meaning the descendants (children, grandchildren) of a child who has also died — may also fall within the statutory framework. The statute uses the term "issue" to refer to descendants, and an attorney can help evaluate whether this provision applies to a specific family situation.
ONE PERSON
IS MISSING.
THE QUESTIONS
ARE STILL HERE.
When the Family Structure Is Different
Parents do not automatically qualify to bring a California wrongful death claim in every case. Whether parents may have standing depends on the specific circumstances.
Parents may potentially qualify through the California intestate succession framework — for example, if there is no surviving spouse, domestic partner or issue — or potentially through dependency provisions depending on the specific facts.
Whether a parent qualifies depends on the family structure, the existence of other eligible heirs and the specific statutory conditions. This analysis can be complex and benefits from individualized legal review.
Not Every Relative Has Automatic Standing
Being closely related to the person who died does not automatically create standing to bring a California wrongful death lawsuit. Emotional closeness and legal standing are not the same.
Siblings and certain other relatives may potentially qualify through the intestate succession framework when the statutory conditions are met — for example, when no surviving spouse, domestic partner or issue exists. Whether a sibling or other relative qualifies in a specific case requires careful analysis of the family structure and applicable law.
Who Brings the Action
California law permits the decedent's personal representative to assert the wrongful death cause of action on behalf of the persons entitled to bring it. The personal representative acts in a representative capacity — on behalf of the qualifying persons, not on behalf of the estate as owner of the wrongful death claim.
This is an important distinction: a wrongful death claim is not an estate asset in the same way as other property. The damages belong to the qualifying survivors, not the estate itself. Wrongful death claims and survival actions serve different purposes and operate under different rules.
Claim Type
WRONGFUL
DEATH
Focuses on qualifying survivors and the losses they personally experienced as a result of the death — such as financial support, companionship, and other losses recognized under California wrongful death law.
Claim Type
SURVIVAL
ACTION
A different type of claim involving causes of action that belonged to the decedent and survive under applicable California law. The survival action is not the same as a wrongful death claim and is not always available in every situation.
The Financial Reality
Liability Coverage Noted
Wrongful Death Matter
Important
The final recovery in this matter has not been confirmed. These figures represent the liability coverage noted in the matter — not a settlement, not a recovery, and not a result. Do not treat this as a case outcome.
A LIFE
DOES NOT HAVE
A $15,000 VALUE.
A policy limit is an insurance limit.
It is not the measure of a person's life.
Coverage and damages are different questions.
When Coverage Has a Ceiling
What a policy limit IS
The maximum the insurer may be obligated to pay under applicable coverage and policy terms.
What a policy limit is NOT
A final case value, a guaranteed payment, a settlement amount, or the ceiling on all potential recovery.
Why it matters
When liability coverage appears small relative to the scale of the loss, other potential sources of recovery may need to be investigated.
What must be evaluated
Whether other policies, other responsible parties, or other legally available sources of recovery exist in the specific situation.
THE LOSS
CAN BE ENORMOUS.
THE COVERAGE
CAN BE SMALL.
Looking Beyond One Policy
Other Applicable Insurance Policies
Multiple policies may sometimes apply to a single incident. An attorney can identify and evaluate applicable coverage.
Other Legally Responsible Parties
More than one person or entity may bear legal responsibility for the incident that caused the death.
Employer or Business Relationships
When the person who caused the death was acting within the scope of employment or business activity, additional coverage or liability may potentially exist.
Umbrella or Excess Coverage
Some individuals and businesses carry umbrella or excess policies above their primary liability coverage.
Uninsured / Underinsured Motorist Coverage
In motor vehicle incidents, the family's own insurance may potentially include UM/UIM coverage applicable to the claim.
Recoverable Assets
In limited circumstances and depending on the facts, recovery may extend to the responsible party's own assets.
California law permits damages considered just under the circumstances. Not every category applies in every case. These damages should not be confused with damages available under a survival action.
Financial Support
The financial contributions the decedent would have provided to the family over their expected lifetime.
Household Services
The value of household work and services the decedent provided.
Loss of Companionship
The loss of the decedent's company, society and mutual benefit of the relationship.
Loss of Protection
The loss of care and protection the decedent provided to surviving family members.
Loss of Affection
The loss of love, affection and nurturing that the decedent provided.
Loss of Moral Support
The guidance, encouragement and moral support the decedent provided during their lifetime.
Funeral and Burial Expenses
Reasonable funeral and burial costs, where legally recoverable under the applicable circumstances.
MOTOR VEHICLE COLLISIONS
PEDESTRIAN INCIDENTS
MOTORCYCLE COLLISIONS
PREMISES INCIDENTS
COMMERCIAL VEHICLE INCIDENTS
OTHER NEGLIGENT CONDUCT
If your family lost someone in Los Angeles or Southern California due to another party’s alleged wrongful or negligent conduct, a Los Angeles wrongful death attorney can help evaluate whether a claim exists and who may have the right to bring it.
Do Not Assume the Deadline
Incident Records
Police reports, incident documentation or other official records related to the event that caused the death.
Insurance Information
Any insurance documentation relevant to the at-fault party or potentially applicable to the claim.
Witness Information
Contact information for any witnesses to the incident or relevant circumstances.
Photographs or Video
Available visual documentation of the incident scene, conditions or relevant evidence.
Employment & Income Records
Documentation of the decedent's employment, income and financial contributions to the family.
Household Contributions
Information about the services, care and household contributions the decedent provided.
Family Relationship Records
Documentation establishing family relationships and potential dependency relevant to standing.
Funeral & Burial Expenses
Receipts and documentation of funeral, burial or memorial expenses incurred.
Related Communications
Any communications related to the incident, the parties or the circumstances surrounding the death.
Other Relevant Records
Any additional records, documents or information that may bear on the facts or potential sources of recovery.
When the Questions Multiply
A consultation with a wrongful death attorney is an opportunity to understand who may have the right to act and what options may exist.
(213) 593-9095