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Losing a loved one because of someone else’s negligence is devastating. While no claim can undo that loss, California law allows certain family members to seek accountability and compensation. Get compassionate, clear information and free help connecting with a qualified wrongful death attorney.
A wrongful death claim is a civil action that arises when a person dies because of another party’s wrongful act or negligence. In California, wrongful death claims are governed primarily by Code of Civil Procedure section 377.60. These claims are meant to compensate surviving family members for the losses they suffer when a loved one is taken from them, separate from any criminal case that may also arise from the same event.
California law limits who may bring a wrongful death claim. Those who may have the right to file generally include the deceased person’s surviving spouse or domestic partner, their children, and — if there is no surviving spouse or children — other family members who would be entitled to the deceased person’s property under California intestate succession rules. Certain financial dependents may also qualify. Determining who has the right to file can be one of the first questions in these cases.
Wrongful death claims can arise from many of the same situations as other personal injury cases, including car and truck collisions, unsafe property conditions, and other forms of negligence. As in other claims, the family generally must show that another party’s negligence or wrongful conduct caused the death.
Compensation in a California wrongful death claim may include financial losses such as the loss of the deceased person’s financial support and the value of household services, funeral and burial expenses, and non-economic losses such as the loss of the loved one’s companionship, care, and guidance. A related "survival action" may also allow the estate to recover certain losses the deceased experienced before death. This page provides general legal information and is not legal advice.
Wrongful death claims can arise whenever another party’s negligence results in a fatal injury.
These claims recognize both the financial and the personal losses a family experiences after a death.
Families across the High Desert facing a sudden loss deserve clear, respectful information. Understanding where these cases are handled is part of grounding a claim in genuine local context.
Serving Victorville and the surrounding High Desert, including Hesperia, Apple Valley, and Adelanto.Local roads and the I-15 and US-395 corridors, as well as workplaces and properties across Victorville and the High Desert.
Emergency care at Victor Valley Global Medical Center and other High Desert providers.
Wrongful death lawsuits in this area are generally filed in San Bernardino County Superior Court.
There is no single right way to grieve. When you are ready, these are steps families commonly think about. This is general guidance, not legal advice.
Common questions
General information for injured people in Victorville — not legal advice.
Under California Code of Civil Procedure section 377.60, those who may file generally include the surviving spouse or domestic partner and the children of the person who died. If there is no surviving spouse or children, other family members who would inherit under California law, and certain financial dependents, may have the right to file.
In most California wrongful death cases the deadline is two years from the date of death under Code of Civil Procedure section 335.1. If a government entity is involved, a formal claim generally must be presented within six months. Because deadlines are strict, it is important to seek guidance promptly.
A wrongful death claim compensates surviving family members for their own losses, such as lost support and companionship. A survival action is brought on behalf of the deceased person’s estate to recover certain losses the person experienced between the injury and death. The two are often pursued together.
Potential compensation can include the loss of the deceased person’s financial support, funeral and burial expenses, the value of lost household services, and non-economic losses such as the loss of love, companionship, and guidance. The specifics depend on the circumstances of each case.
Most attorneys handle wrongful death claims on a contingency fee and offer a free, no-obligation consultation, meaning there are typically no upfront fees. Using this resource to get connected is always free.
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