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Wrongful Death Attorneys
Wrongful death is a legal claim filed when someone dies as a result of another person’s negligence, recklessness, or intentional act. Losing a loved one in such circumstances can be devastating—not only emotionally, but also financially. Funeral and burial expenses, unpaid medical bills, and the sudden loss of economic support are some of the untold burdens that families face after a fatal accident. In these moments, wrongful death attorneys can be strong allies in seeking compensation to help relieve at least some of these painful hardships.
If you’re going through such a difficult time, you’re not alone. Speak directly with a wrongful death attorney anywhere in California by calling Megeredchian Law at (866) 359-0807. We offer free and confidential consultations for wrongful death survivors. Our legal team can evaluate your case and determine your eligibility in just a few minutes. Hablamos español.
Why You Need an Experienced Wrongful Death Attorney in California
In California, you are legally permitted to file a wrongful death claim without an attorney—but doing so is rarely in your best interest.
These cases are emotionally and legally complex. While courts allow individuals to represent themselves (in pro per), they cannot offer legal advice or assistance. Judges may warn plaintiffs of the risks involved in navigating the system alone, and even defense attorneys and insurance adjusters understand how much more difficult it is to succeed without skilled legal counsel.
That’s why hiring an experienced wrongful death attorney can make all the difference.
The aftermath of losing someone in a preventable accident can be overwhelming. Grief, confusion, and financial stress often leave families unsure of where to begin. Wrongful death attorneys help relieve that burden by handling the legal legwork for you—from gathering evidence to meeting critical court deadlines, and negotiating with insurers on your behalf.
When you work with Megeredchian Law, you gain:
Legal expertise tailored to your case: We know how to prove liability in wrongful death claims, whether it involves a negligent driver, a careless property owner, or a defective product. Our understanding of California’s wrongful death statutes ensures your case is handled with precision from the start.
Strict attention to deadlines: California law imposes strict time limits for filing wrongful death lawsuits. We make sure your claim is submitted on time and follows all procedural requirements, so your right to compensation is never at risk.
Maximum compensation for your losses: We pursue all available damages under California law, which may include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of the decedent’s financial support
- Loss of household services
- Loss of companionship, care, affection, and guidance
We calculate the full extent of your losses—economic and emotional—and fight to secure the compensation your family deserves.
Powerful investigative resources: Our team conducts in-depth investigations using expert witnesses, accident reconstruction specialists, and access to crucial records—ensuring no detail is overlooked.
Preparedness for trial: If a fair settlement cannot be reached, we are fully ready to litigate. We build every case with trial in mind to strengthen your position from the outset.
Compassionate, hands-on support: Beyond the legal work, we’re here for you as people. We offer guidance, clarity, and care through each step of the legal process—so you can focus on healing while we handle the rest.
Five Things Some Wrongful Death Attorneys Might Not Tell You Right Away
Wrongful death claims are not like standard personal injury cases. In most civil matters, the injured individual pursues compensation for their own losses.
But in a wrongful death situation, the victim is no longer able to assert their rights—so someone else must do it on their behalf.
Because of this important distinction, here are five key things to understand before filing a wrongful death claim in California:
1. You Only Have a Limited Time to File the Claim
California sets a two-year statute of limitations for wrongful death claims. That means you must file within two years of your loved one’s passing, or you could lose the right to compensation entirely. Starting early gives your legal team time to gather evidence and meet critical deadlines.
2. Not Everyone Has the Legal Right to File
Only certain individuals can bring a wrongful death claim in California. This typically includes the surviving spouse, registered domestic partner, children, or, in some cases, financially dependent relatives like parents or stepchildren. It’s important to verify that you meet the eligibility criteria under California Code of Civil Procedure § 377.60 before moving forward.
3. Most Wrongful Death Claims Are Resolved Without Going to Court
Many wrongful death claims are settled through negotiations with the responsible party’s insurance company, avoiding the need for a trial. However, the strength of your claim—and the compensation you receive—can depend heavily on the legal strategy and preparation behind it.
4. Compensation Can Be Significant
If your claim is successful, the financial recovery may be substantial—especially if the decedent had years of earning potential ahead of them or supported dependents. You may be entitled to recover funeral and burial expenses, final medical costs, lost financial support, and compensation for loss of companionship and emotional suffering.
While punitive damages are generally not available through a wrongful death claim alone, they may be pursued in a related survival action under specific circumstances.
5. The Right Attorney Can Lighten the Burden
The aftermath of a tragic loss is emotionally exhausting. Handling legal paperwork, negotiating with insurance companies, and building a case can add immense pressure. A wrongful death attorney helps take that burden off your shoulders by managing the legal process from start to finish—so you can focus on grieving and rebuilding while they focus on securing justice.
How to Find a Wrongful Death Attorney Near Me in California
If you’re searching for a wrongful death attorney near me, it’s crucial to choose a firm with proven experience, compassion, and a strong presence across California. At Megeredchian Law, our legal team has helped countless families pursue justice after the tragic loss of a loved one.
With offices serving Los Angeles, Sacramento, San Diego, Fresno, Riverside, San Bernardino, and more, we make it easy to connect with a wrongful death attorney California residents can trust—no matter where you are in the state. Find a full list of Megeredchian Law offices in California here.
Knowing how to find a wrongful death attorney shouldn’t be overwhelming. Megeredchian Law offers free consultations and personalized legal support to guide you through every step of the claim process. Our attorneys are available to meet in person or virtually and are ready to help you understand your legal rights and options. Call us today at (866) 359-0807 to speak directly with a compassionate wrongful death lawyer near you.
Megeredhian Law Headquarters in Los Angeles
What is a Wrongful Death Claim?
In California, a wrongful death claim is a civil lawsuit brought when someone dies as a result of another person’s negligence, recklessness, or intentional misconduct.
These claims are filed by certain surviving family members or the estate of the deceased and are designed to recover compensation for losses resulting from the death—such as funeral costs, loss of financial support, and emotional suffering. A wrongful death action is separate from any criminal charges that may be filed in connection with the death.
While the claim seeks financial compensation, it also plays a critical role in holding the responsible party accountable in civil court.
How to File a Wrongful Death Claim
Filing a wrongful death claim in California involves a series of legal steps designed to help surviving family members seek compensation after the negligent or wrongful death of a loved one. Here’s how the process works:
Confirm Eligibility
Only certain individuals can file a wrongful death claim. It’s essential to confirm that you meet the legal requirements before proceeding.
Hire an Experienced Wrongful Death Attorney
Wrongful death claims can be legally complex and emotionally overwhelming. Skilled wrongful death attorneys can evaluate your case, preserve evidence, identify liable parties, and guide you through each step. Megeredchian Law attorneys offer free consultations and work on a contingency fee basis, meaning you pay nothing unless you win.
Investigate the Death and Gather Evidence
Your legal team will begin a full investigation into the circumstances of the death. This may involve reviewing medical records, accident reports, eyewitness accounts, expert analysis, and surveillance footage. Proving liability is a critical step, especially when multiple parties are involved.
File the Wrongful Death Complaint in Civil Court
Once liability is established, your attorney will draft and file a civil complaint in the appropriate California court. This document outlines your legal claims, the basis for liability, and the compensation you are seeking. Filing must occur within two years of the date of death to comply with the statute of limitations.
Engage in Pre-Trial Procedures
After filing, the case enters the pre-trial phase, which includes discovery (exchanging evidence and witness testimony), mediation, and negotiations with insurance companies. Many wrongful death cases are resolved through settlement before reaching trial, but your attorney will be prepared to go to court if necessary.
Reach Settlement or Proceed to Trial
If a fair settlement is reached, your claim concludes with an agreed-upon financial payout. If not, your case will proceed to trial, where a judge or jury will decide whether the defendant is liable and what damages should be awarded.
Who Can File a Wrongful Death Claim
California law strictly defines who may file a wrongful death claim. The right to bring the claim generally follows a priority order, meaning that certain relatives have precedence over others. Here’s how eligibility is structured:
- Surviving Spouse or Registered Domestic Partner: The highest priority is given to the surviving spouse or registered domestic partner of the deceased. If either exists, they typically lead the claim or are included in the action alongside other qualifying relatives.
- Children of the Decedent: If there is no surviving spouse or domestic partner—or even if there is—biological and legally adopted children of the deceased are next in line to file the claim, often jointly with other eligible parties.
- Grandchildren (if Children Are Deceased): If the decedent’s children are no longer living, their children (the decedent’s grandchildren) may file a wrongful death claim in their place.
- Dependent Minors Living in the Household: Any minor who lived with the deceased for at least 180 days prior to the death and was financially dependent on the decedent may have the right to file. This may include stepchildren or other minors with no blood relation.
- Other Heirs Under California Intestate Succession Law: If none of the above parties exist, the right to file may extend to other individuals who would inherit under California’s intestacy laws—such as parents, siblings, or other blood relatives.
- Personal Representative of the Estate: A personal representative of the decedent’s estate may file the wrongful death claim on behalf of all eligible survivors. This often occurs when multiple heirs exist or when coordination among them is needed.
Can a Sibling Make a Wrongful Death Claim in California?
This is a particular case worth mentioning. In California, a sibling may be allowed to pursue a wrongful death claim, but only under specific legal conditions.
State law prioritizes certain close family members—such as a spouse, domestic partner, children, and grandchildren—as the first individuals eligible to bring a claim. If none of those relatives survive the decedent, then siblings may be permitted to file, but only if they are next in line to inherit under California’s intestate succession rules.
Contrary to popular belief, siblings do not have an automatic right to file a wrongful death lawsuit, and they generally cannot do so if higher-priority heirs exist. Financial dependency is not a requirement for siblings to qualify, unless they are filing under a separate provision intended for non-relatives or minors.
What Is a California Wrongful Death Lawsuit, and How Is It Different from a Claim?
A California wrongful death lawsuit is a formal legal action filed in civil court by eligible family members or a personal representative after someone dies due to another party’s negligence, recklessness, or intentional act. It seeks financial compensation for the survivors’ losses—such as funeral expenses, lost income, and loss of companionship.
While the terms “claim” and “lawsuit” are often used interchangeably, there is a key difference.
A wrongful death claim typically refers to the broader process of pursuing compensation, which often begins with negotiations or a demand letter to an insurance company. If the claim cannot be resolved through settlement, it may escalate into a wrongful death lawsuit, where the matter is litigated in court.
In short, a claim is the initial attempt to resolve the issue outside of court, while a lawsuit is the formal legal action taken if no settlement is reached.
How Difficult are Wrongful Death Lawsuits in California?
Wrongful death lawsuits in California can be challenging, but not impossible to win.
While no attorney can promise a guaranteed outcome, recent data and case trends suggest that plaintiffs continue to win around 50–60% of wrongful death trials in California, based on aggregated legal reporting and court outcomes from 2023 through mid-2025. That success rate reflects the importance of clearly proving liability. If the responsible party’s fault is well-supported by evidence, your chances of success increase significantly.
Several key factors affect the complexity and outcome of these cases. First, the statute of limitations in California is two years from the date of death (Code of Civil Procedure § 335.1), so timing is critical. Strong evidence—including medical documentation, expert testimony, and witness statements—is essential. Additionally, factors such as the value and type of damages sought, the defendant’s legal resources, and your attorney’s trial experience all play a role.
Most wrongful death claims in California still settle out of court, offering families a path to financial recovery without the uncertainty of a jury trial. That’s why working with experienced wrongful death attorneys is one of the most important decisions you can make when pursuing justice.
What to Expect in a Wrongful Death Lawsuit Consultation
A wrongful death consultation is a confidential, no-obligation meeting with a qualified attorney to review the circumstances of a person’s death and determine whether a civil lawsuit is appropriate. In California, these claims arise when someone dies due to another party’s negligence, recklessness, or intentional act. At Megeredchian Law, our wrongful death attorneys offer free consultations to help families understand their rights, options, and next steps without any upfront cost.
During the consultation, the attorney will:
- Evaluate the facts of your case by reviewing any available evidence, such as medical records, death certificates, police or accident reports, and witness statements. In some cases, they may recommend expert input or additional investigation.
- Explain your legal rights, including who is eligible to file, what damages can be recovered (funeral expenses, loss of income, emotional losses), and whether a survival action may also apply.
- Discuss deadlines, especially the two-year statute of limitations.
- Provide recommendations on how to move forward and whether your case is viable.
- Explain the fee structure, which is typically on a contingency basis—meaning you pay no attorney fees unless the case is successful.
This consultation is entirely confidential and non-binding—there’s no obligation to hire us. It’s your opportunity to ask questions, get clarity, and decide whether pursuing legal action is the right path for your family.
Wrongful Death Settlement Process Steps in California
Step 1. Initial Consultation and Case Evaluation (1–2 weeks)
The wrongful death settlement process begins with a free consultation with a wrongful death attorney. If the attorney believes the case has merit, they will explain the next steps, what documentation is needed, and how the process works. This stage is typically completed within a week or two.
Step 2. Investigation and Evidence Gathering (2–8 weeks)
After agreeing to take the case, the attorney begins a full investigation into the cause of death. This involves collecting police reports, autopsy results, medical records, witness statements, and any available video or photographic evidence.
In some cases, expert witnesses—such as accident reconstructionists or medical professionals—may be consulted. This step is crucial to establishing liability and calculating damages, which are the foundation of any wrongful death settlement negotiation.
Step 3. Determining Liable Parties and Insurance Coverage (1–3 weeks)
Next, the legal team identifies all potentially liable parties, which may include individuals, companies, or government entities. They also investigate what insurance policies may apply, since wrongful death settlements are often paid out by insurance carriers. Multiple defendants or limited insurance coverage can complicate this step, but most attorneys can complete this phase in under a month.
Step 4. Calculating Damages and Preparing a Settlement Demand (2–6 weeks)
Your attorney will assess both economic and non-economic damages. This may include funeral and burial costs, lost income and benefits, loss of companionship, and emotional suffering.
Once damages are calculated, the attorney drafts and sends a settlement demand letter to the defendant’s insurance company, outlining the legal basis for the claim and the compensation sought. This step typically takes several weeks, depending on the complexity of the case.
Step 5. Settlement Negotiations (4–12 weeks)
Once the demand letter is sent, the defendant or their insurer usually responds with a counteroffer or denial. This begins a period of negotiation between both parties. Many wrongful death settlement claims are resolved at this stage, especially when liability is clear and damages are well-documented.
Negotiations may involve multiple rounds of offers and can last anywhere from one month to three months or longer, depending on the case’s complexity and the parties’ willingness to settle.
Step 6. Mediation or Alternative Dispute Resolution (1 day to several weeks)
If informal negotiations fail, the parties may agree—or be ordered by the court—to attend mediation. This is a structured process where a neutral third party (the mediator) helps both sides reach a mutually acceptable wrongful death settlement. Mediation sessions typically last one day, but follow-up negotiations can extend the resolution timeline by a few more weeks.
Step 7. Finalizing the Settlement Agreement (1–2 weeks)
Once an agreement is reached, both parties sign a formal settlement agreement that outlines the terms, amount, and payment schedule. This step may also involve court approval if minors are part of the claim. Upon execution, the insurance company will issue payment—usually within 30 days. The attorney then disburses the funds to the family after deducting legal fees and costs.
Step 8. Dismissal of the Lawsuit and Case Closure (1 week)
If a lawsuit was filed during the process and a settlement is reached before trial, the final step involves filing a dismissal with the court. This legally ends the action and formally resolves the matter. This is a brief administrative step that typically takes about a week to finalize
How are Wrongful Death Settlements Paid Out?
In California, wrongful death settlements are generally paid out in one of two ways: a lump sum payment or a structured settlement. The payment method is typically negotiated between the parties during settlement discussions and is influenced by factors such as the settlement amount, the needs of the beneficiaries, and the terms of any applicable insurance policy.
- Lump Sum Settlement (Timeline: 30–60 days post-agreement): A lump sum is a one-time payment of the full settlement amount. This option gives surviving family members immediate access to funds, which can be used for urgent expenses like funeral costs, outstanding medical bills, or legal fees.
While it provides flexibility, a lump sum may also be more susceptible to being depleted quickly without proper financial planning.
- Structured Settlement (Timeline: Ongoing—can last years): A structured settlement distributes the settlement funds over a scheduled period—monthly, quarterly, or annually—depending on the agreement. This method is often used in larger settlements or when long-term financial support is a priority. It can also help prevent mismanagement of funds and provide beneficiaries with financial stability.
However, structured payouts offer less flexibility, and altering the schedule later can be difficult or impossible.
Several factors influence how a wrongful death settlement is paid out in California.
The structure—whether lump sum or structured—is typically negotiated between the parties based on financial planning, tax implications, and the needs of the beneficiaries. Insurance policy limits may also affect the payout method, as coverage caps can constrain options. When the decedent was a primary income earner, structured settlements are often favored to provide steady, long-term financial support to surviving family members.
In complex cases involving multiple beneficiaries, structured payments can help ensure a fair distribution of funds. Additionally, if the settlement involves minors, California probate courts must approve the agreement, and structured payouts are commonly used to protect the child’s financial future.
What is the Average Settlement for Wrongful Death?
As of 2025, the average wrongful death settlement in California is estimated at approximately $973,000, based on data from over 950 cases between 2019 and 2024. However, averages can be misleading due to the presence of high-value outliers. A more accurate benchmark is the median settlement, which is about $295,000—a figure more reflective of what families in California typically receive.
Settlement amounts in wrongful death cases vary significantly depending on the strength of the evidence, the economic and non-economic damages involved, and the insurance coverage available. Low-merit cases may resolve for as little as $100,000 to $500,000, while moderate cases average $500,000 to $1.5 million. In high-value claims involving gross negligence, multiple dependents, or substantial lost income, settlements can exceed $2 million or more.
The final amount also depends on the number of beneficiaries, the defendant’s degree of fault, and the skill of the wrongful death attorneys involved.
Are Wrongful Death Settlements Taxable in California?
As of 2025, most wrongful death settlements in California are not taxable, particularly when the compensation is awarded for compensatory damages such as funeral costs, final medical expenses, loss of financial support, and emotional suffering. These damages are tied to a physical injury resulting in death, and under federal tax law (IRC §104(a)(2)), they are generally excluded from gross income.
This means that family members receiving a wrongful death settlement for these types of losses typically do not owe state or federal income tax on the compensation. However, the method of payout—whether a lump sum or a structured settlement—may affect how interest or investment growth on the funds is treated. Interest accrued over time in a structured settlement could be considered taxable income, even if the principal portion is not.
Not all parts of a wrongful death recovery are treated equally for tax purposes. Punitive damages—which are awarded to punish the wrongdoer rather than compensate the family—are considered taxable under federal law. In California, punitive damages are not permitted in a wrongful death claim by itself, but they may be awarded through a survival action brought by the decedent’s estate if the victim survived the incident for any length of time and incurred measurable losses.
It’s important to distinguish between these types of claims and consult with both wrongful death attorneys and tax advisors to ensure accurate tax reporting and to minimize any unexpected tax liabilities.
How Long Does it Take to Settle Wrongful Death Claims?
In California, wrongful death claims arising from accidents can take anywhere from a few months to several years to resolve. Straightforward cases with clear liability and sufficient insurance coverage may settle within 6 to 12 months. However, more complex claims—especially those involving multiple parties, disputed fault, or serious damages—can take two to four years or more, particularly if they proceed to trial.
Several factors influence the timeline. The investigation phase—gathering police reports, accident scene evidence, medical records, and expert analysis—can take several weeks to months. Settlement negotiations often follow and may result in an early resolution, but if the insurer disputes liability or damages, the case may enter litigation. This includes discovery, depositions, motions, and possibly mediation before trial.
Additionally, if minors are among the beneficiaries or if the estate is involved, California courts may require formal approval of the settlement, adding extra time. While some cases can resolve quickly through negotiation, others require extensive legal work and patience to reach a fair outcome.
Wrongful Death Settlement Amounts by Accident Type
Car Accidents
In California, fatal car accidents often result in wrongful death settlements between $1 million and $2 million, with high‑liability or multi‑fatality cases sometimes exceeding that, particularly when factors like DUI or excessive negligence are involved. On average, settlements for wrongful death fall between $250,000 and $500,000, though catastrophic cases—especially those involving children or large families—can reach seven‑figure amounts .
Truck Accidents
Wrongful death settlements from commercial truck accidents tend to skew higher due to typically severe injuries and corporate insurance coverage. Median settlements fall between $500,000 and $2 million, and in particularly egregious cases—such as a fatigued or unlicensed driver—amounts can climb into the multi‑million dollar range, including high six or low seven figures.
Based on personal injury averages ($100,000–$1.5 million) and wrongful death specifics, a truck‑related fatality often results in $750,000–$1.8 million settlements.
Motorcycle Accidents
Motorcycle wrongful death claims typically fall in the $500,000 to $1 million+ range, influenced by factors like helmet use, speed, and motorcycle type. Personal injury data for nonfatal accidents ($10,000–$150,000)—paired with wrongful death norms—suggest settlements averaging $750,000 to $1 million, with more severe or contested cases rising higher.
Slip and Fall Accidents
Slip-and-fall wrongful death cases often stem from premises liability. While smaller incidents settle for $10,000–$60,000, fatal incidents can spike dramatically—in one California case, a senior’s deadly fall resulted in a $36 million outcome. More commonly, fatal slip-and-fall settlements land in the $250,000 to $2 million bracket depending on negligence and damages.
Uber/Lyft Accidents
Wrongful death settlements involving ride‑share accidents typically range from $250,000 to $1 million+. Personal injury data suggests Uber accidents average $25,000–$50,000, Lyft slightly less, but fatalities push figures upward. Complex scenarios—e.g., involving third‑party drivers or company policy violations—can see settlements approaching the higher end of the million‑dollar range.
Other Accident Types That Can Lead to Wrongful Death
- Bicycle Accidents: While nonfatal bicycle injuries average $15,000–$1.5 million, fatal cases often settle between $250,000 and $1 million, depending on fault and negligence.
- Pedestrian Accidents: Pedestrian wrongful death settlements commonly range from $250,000 to $1 million, with some cases—including those involving children or hit‑and‑run drivers—reaching multiple millions.
- Dog Bites: Most dog bite wrongful death claims are unusual, but severe ones involving multiple attacks or negligence may settle between $250,000 and $500,000, depending on evidence and liability.
- Premises Liability: Claims involving fatal injuries on someone else’s property generally result in settlements from $250,000 to a few million dollars, especially when egregious neglect is proven.
How Do You Prove Wrongful Death?
To successfully recover compensation for the death of a loved one, you must first establish that the death was the result of wrongful conduct. This means presenting evidence that another party acted negligently and that this negligence directly led to the fatal incident. You do not have to prove that the other person intended to cause harm or acted with malice—only that they failed to act with reasonable care.
In California, wrongful death claims are based on the legal principle of negligence. To win your case, you must prove four key components:
- Duty of Care: You must show that the defendant owed your loved one a legal duty to act with reasonable care under the circumstances. This duty varies depending on the relationship. For example, a doctor has different responsibilities than a casual acquaintance offering advice.
- Breach of Duty: Next, you must demonstrate that the defendant failed to meet their duty of care. A breach can occur through careless actions or by failing to act when a reasonable person would have. If someone in the same position would have behaved differently, this may constitute a breach.
- Causation: There must be a direct link between the defendant’s actions (or inaction) and your loved one’s death. In other words, had the defendant fulfilled their duty, the death likely would not have happened.
- Damages: Finally, you need to show that your family suffered measurable losses due to the death. This can include funeral expenses, medical costs, lost financial support, and emotional suffering.
If it can be shown that the defendant acted in a way that a reasonably careful person would not have, they can be held legally responsible for the wrongful death.
Speak Directly with Wrongful Death Attorneys - No Middlemen
Hiring a wrongful death attorney isn’t mandatory, but it’s highly recommended. Any accident can be overwhelming—losing a loved one in one is utterly heartbreaking. We genuinely hope you never experience such a tragedy. But if you do, speak directly with a wrongful death attorney in California—no call centers, no middlemen—to get the answers you need. Call Megeredchian Law at (866) 359-0807 for expert legal guidance, compassionate support, and peace of mind during this difficult time.