Wrongful Death

Under California Code of Civil Procedure Section 377.60, the people who can file a wrongful death claim include your father's surviving spouse or domestic partner, his children, and individuals who would inherit his property under California's intestate succession laws. In some cases, stepchildren, putative spouses, or even a minor who lived with the deceased for at least 180 days and depended on him for at least half their financial support may also qualify. If you're unsure whether you have standing to file, speaking with a wrongful death attorney as soon as possible is critical — California's statute of limitations can cut off your right to sue if you wait too long.

In most wrongful death cases in California, you have two years from the date of your loved one's death to file a lawsuit, as governed by California Code of Civil Procedure Section 335.1. However, there are important exceptions — for example, if the defendant is a government entity such as the City of Los Angeles or Los Angeles County, you may have as little as six months to file a government tort claim under the California Government Claims Act (Government Code Section 911.2). Missing these deadlines can permanently bar your family from recovering any compensation, so it is essential to consult with a California wrongful death attorney as soon as possible after your loss.

California wrongful death claims can yield two broad categories of compensation: economic damages and non-economic damages. Economic damages include measurable financial losses like medical bills the deceased incurred before death, funeral and burial costs, the income and financial support your loved one would have provided over their lifetime, and the value of household services they contributed. Non-economic damages cover intangible losses such as the loss of love, companionship, comfort, and moral support under California Civil Code Section 3333, and in rare cases involving malicious or oppressive conduct, your family may also pursue punitive damages under California Civil Code Section 3294.

Yes — a wrongful death claim absolutely applies when your loved one was killed by a drunk driver, and you may have grounds to pursue both compensatory and punitive damages given the egregious nature of drunk driving. Under California Civil Code Section 3294, punitive damages can be awarded when the defendant's conduct is found to be malicious, fraudulent, or oppressive, and courts have upheld punitive damage awards in DUI-related wrongful death cases across Los Angeles County. An experienced wrongful death attorney can help you investigate the driver's blood alcohol level, prior DUI history, and any third-party liability — such as a bar or restaurant that over-served them under California's Dram Shop laws.

The most important first steps are to preserve any available evidence and avoid speaking directly to the at-fault party's insurance company before consulting an attorney. Insurance adjusters may contact you quickly and attempt to get recorded statements or offer a fast settlement that is far below what your family deserves — you are not obligated to speak with them. Contact a California wrongful death attorney as soon as possible so they can begin gathering police reports, medical records, witness statements, and other critical evidence before it disappears, and so that all legal deadlines under CCP Section 335.1 are properly tracked from day one.

One of the most damaging mistakes families make is accepting an early settlement offer from an insurance company without understanding the full value of their claim or consulting an attorney first. Once you sign a release, you forfeit your right to seek any additional compensation — even if future losses, like the long-term financial impact of losing your loved one's income, weren't fully accounted for. Another common mistake is waiting too long to act; California's two-year statute of limitations under CCP Section 335.1 is firm, and delays can also result in lost evidence, faded witness memories, and weakened cases that are harder to win at trial.

While you are legally permitted to handle a wrongful death claim on your own, doing so puts your family at a serious disadvantage — insurance companies have teams of adjusters and defense attorneys whose sole goal is to minimize what they pay out. An experienced California wrongful death attorney understands how to calculate the full value of your claim, including lifetime lost earnings, loss of companionship under California Civil Code Section 3333, and potential punitive damages, all of which families commonly undervalue on their own. At Mendez & Sanchez, we offer free consultations every day and handle wrongful death cases on a contingency fee basis, meaning you pay nothing unless we win your case.