SANTA CLARITA WRONGFUL DEATH ATTORNEY

​Losing a loved one because of someone else's negligence or wrongful conduct is one of the most difficult experiences a family can face. California law allows certain surviving family members to bring a wrongful death claim against the person or business responsible. Robert M. Mansour can help you understand your rights, evaluate your claim, and connect you with the right resources during this difficult time. Call or text today for a free consultation.

What Is a Wrongful Death Claim?

A wrongful death action is a statutory right to sue a person or business whose negligent, reckless, or intentional conduct caused another person's death. A wrongful death claim may generally be brought in any case where the deceased person could have brought a personal injury lawsuit had they survived.

Who Can Bring a Wrongful Death Claim in California

Under California Code of Civil Procedure Section 377.60, the following individuals are generally eligible to file a wrongful death claim:

1. Surviving spouse or registered domestic partner
2. Children — biological or legally adopted
3. Issue of deceased children — grandchildren, if the deceased's children are also deceased

If none of the above exist, the following may also be eligible:

1. Dependents who were financially dependent on the deceased, such as parents
2. Heirs who would be entitled to the deceased's property under California's intestate succession laws, such as siblings

​What Must Be Proven
To prevail in a wrongful death claim, the plaintiffs generally must establish:

1. Death of a human being
2. Caused by another's negligence or intentional act — including careless, reckless, or intentional conduct
3. Losses suffered by the heirs — financial, emotional, or other damages
4. Causation — a direct link showing the defendant's conduct was a substantial factor in causing the death

Damages That May Be Recovered

Economic Damages

• Loss of the financial support the deceased would have provided
• Funeral and burial expenses
• Loss of household services the deceased provided, such as childcare
• Medical expenses incurred before death

Non-Economic Damages

• Loss of companionship, comfort, care, protection, and moral support
• Loss of consortium (for a surviving spouse or partner)
• Loss of the guidance and training the deceased would have provided, particularly relevant for minor children
• Punitive damages, though these are rarely awarded in wrongful death cases absent particularly egregious conduct

Damages recoverable by the decedent's estate (through a related survival action) may also include the decedent's pre-death medical expenses, lost earnings, and — depending on the circumstances — pain and suffering the decedent experienced before death. This is a distinct but related claim from the wrongful death action itself, and the two are often pursued together.

How Much Time You Have to File — the Deadlines Are Not All the Same

Wrongful death claims are subject to strict filing deadlines, and the deadline depends heavily on the circumstances of the death:

• Most cases: Under Code of Civil Procedure Section 335.1, the general statute of limitations is two years from the date of death.
• Medical malpractice deaths: Under Code of Civil Procedure Section 340.5, claims arising from medical negligence must generally be filed within three years from the date of the injury, or one year from the date the injury was discovered or reasonably should have been discovered — whichever comes first.
• Claims against a government entity or municipality: If a public entity (such as a city, county, or state agency) may be responsible, a formal claim must generally be filed within six months of the death under the California Government Claims Act — far shorter than the standard two-year window.

Because these deadlines vary significantly and can be affected by the specific facts of a case, it's important to speak with an attorney as early as possible so your claim isn't jeopardized by a missed filing deadline.

​Frequently Asked Questions

How long do I have to file a wrongful death claim in California?

In most cases, you have two years from the date of death. However, medical malpractice claims and claims against a government entity have shorter or different deadlines, so it's important to consult an attorney promptly.

Who is entitled to bring a wrongful death claim?

Generally, a surviving spouse, domestic partner, or children have first priority. If none exist, other dependents or heirs under California's intestate succession laws may be eligible.

Can punitive damages be recovered in a wrongful death case?

Punitive damages are not typically awarded in wrongful death claims unless the death resulted from particularly egregious conduct.

Is a wrongful death claim the same as a survival action?

No. A wrongful death claim compensates surviving family members for their own losses. A survival action is a separate claim brought on behalf of the decedent's estate for damages the decedent could have recovered had they lived, such as pre-death medical expenses and pain and suffering.

Talk to a Santa Clarita Wrongful Death Attorney Today
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If you've lost a loved one due to someone else's negligence, contact the Law Office of Robert M. Mansour to understand your rights, evaluate your claim, and get honest, compassionate guidance. We serve Santa Clarita, Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and the surrounding Santa Clarita Valley. Call or text today for a free consultation.

​Santa Clarita, CA wrongful death attorney Robert Mansour can help advise you and offer you guidance regarding your case.  He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free consultation and evaluation of your case.  You can also fill out our Free Case Evaluation form.

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