Losing someone you love is difficult under any circumstances. When that loss is caused by another person’s negligence, a dangerous property condition, a defective product, or another preventable act, families are often left trying to cope with grief while also facing questions about what happened and what comes next. The legal process can feel overwhelming at a time when your family is already dealing with the loss of someone who was an important part of your life. You may be facing funeral expenses, the loss of income or financial support, changes to your household, and the emotional reality of moving forward without your loved one.
California law provides two different types of claims that may arise after a wrongful death: a wrongful death claim, which allows certain surviving family members to seek compensation for losses they personally experienced because of the death, and a survival action, which allows certain claims belonging to the person who died to continue through their estate.
At James Hawkins APLC, we understand that no legal case can undo the loss of someone you love. Our role is to take the legal burden off your family where we can, investigate what happened, identify those responsible, and pursue the compensation available under California law.
California Code of Civil Procedure Section 377.60 allows certain surviving family members and other qualifying individuals to bring a claim when a person’s death was caused by the wrongful act or neglect of another. Unlike a survival action, a wrongful death claim is a separate claim belonging to the surviving beneficiaries for the losses they personally experienced as a result of their loved one’s death.
A wrongful death claim may arise from many different circumstances, including:
The circumstances of the death determine what must be proven and who may be legally responsible. Our team investigates the facts rather than assuming that the first explanation of an accident tells the whole story.
California law specifically identifies who may bring a wrongful death claim. Generally, this includes a surviving spouse or domestic partner, children, and certain other family members or dependents who meet the requirements of California Code of Civil Procedure Section 377.60.
Depending on the circumstances, eligible claimants may also include certain dependent stepchildren, parents, putative spouses, or other individuals who were financially dependent on the deceased. California law also provides specific rules for certain minors who lived in the decedent’s household and were dependent on the decedent for support.
Determining who has standing can become complicated when a family has multiple potential beneficiaries, blended-family relationships, or questions involving financial dependency. We can evaluate your family’s circumstances and explain who may have the right to participate in a wrongful death claim.
No amount of compensation can replace the person your family has lost or undo the pain of their absence. A wrongful death claim, however, can provide financial support for the losses your family is now facing and hold the responsible party accountable for the harm caused. California law allows eligible survivors to seek damages for certain losses resulting from their loved one’s death. Depending on the circumstances of the case, compensation may include:
Financial losses may be relatively straightforward to document, but you can’t reduce the loss of a person’s presence in a family to a paycheck. A parent may no longer be there to help raise a child. A spouse may lose the person who shared household responsibilities, plans, and everyday life. A family may lose not only financial support, but also the care, guidance, companionship, and relationship that person provided. At James Hawkins APLC, we take the time to understand what your loved one contributed to your family and how their absence has affected you. We work to develop evidence that reflects those losses, rather than treating the case as a simple calculation of income.
A survival action is different from a wrongful death claim. California’s survival statutes provide that a cause of action generally is not lost simply because the person who held the claim has died. The claim can pass to the decedent’s successor in interest or be pursued by the decedent’s personal representative, subject to the applicable laws and limitations periods. In practical terms, a survival action allows the estate to pursue certain losses that the deceased person experienced before death.
For example, if someone survives an accident for several days or weeks before dying from their injuries, they may have claims for losses incurred during that period. These may include medical expenses, lost income, and other damages the person sustained before death.
The survival claim belongs to the estate, not to the surviving family members in their individual capacities. This distinction matters because the damages recovered through a survival action are different from those available through a wrongful death claim.
A survival action may therefore involve damages such as:
Because wrongful death and survival actions compensate different losses, one does not simply replace the other. In some cases, we may need to evaluate both claims.
Families sometimes assume that there is simply one lawsuit after a loved one’s death. California law treats these claims differently. A wrongful death claim focuses on the losses suffered by eligible survivors because their loved one died. A survival action continues certain claims that belonged to the deceased person and focuses on losses the person sustained before death. The claims can arise from the same accident, but they have different legal foundations, different potential damages, and different parties who may have the right to bring them. California law also prevents wrongful death damages from duplicating damages recoverable through a survival claim. Understanding this distinction early can matter when deciding which claims to pursue and what evidence to preserve.
A wrongful death does not always result from the actions of a single person. Depending on how the death occurred, multiple individuals, companies, property owners, manufacturers, employers, contractors, or other parties may have contributed.
For example, a fatal vehicle collision may involve the negligent driver, a vehicle owner, an employer, a trucking company, or another potentially responsible party. A fatal construction accident may involve a contractor, property owner, equipment manufacturer, or other third party.
A defective product may raise claims against companies involved in designing, manufacturing, distributing, or selling the product. A fatal fall may require an investigation into the property owner, maintenance company, contractor, or other party responsible for the dangerous condition.
Our team looks beyond the most obvious source of responsibility because your loved one deserves to have the circumstances of their death fully investigated. We work to identify everyone who may have played a role in what happened and pursue the accountability and justice your family deserves.
After a fatal accident, important evidence can disappear quickly. Vehicles may be repaired or destroyed, surveillance footage may be overwritten, equipment may be removed from a jobsite, and witnesses’ memories can change over time. At James Hawkins APLC, we start by establishing what happened and why. Depending on the circumstances, our investigation may involve:
We may also work with qualified experts when specialized analysis is necessary. Accident reconstruction, medical analysis, vocational or economic evaluations, and other expert opinions may help establish how the death occurred, who was responsible, and the resulting losses. Our goal is not simply to establish that a death occurred. We work to understand the circumstances surrounding it and build the evidence needed to support the family’s claims.
California generally requires an action for the death of an individual caused by the wrongful act or neglect of another to be filed within two years under Code of Civil Procedure Section 335.1. Survival actions can involve different timing rules because the survival claim is based on the cause of action the deceased person held before death. California Code of Civil Procedure Section 366.1 can provide additional time in certain circumstances when a person entitled to bring a surviving claim dies before the original limitations period expires.
Other rules may apply to particular cases, including claims involving government entities, medical negligence, toxic exposure, or other specialized circumstances. Because missing a statute of limitations can prevent a family from pursuing an otherwise valid claim, it is important to have the applicable deadlines evaluated as soon as possible.
No legal outcome can replace someone you love. But if your family member died because of someone else’s negligence or wrongful conduct, you do not have to navigate the legal process alone. At James Hawkins APLC, we stand by your family during an incredibly difficult time. We will listen to what happened, explain your legal options, investigate the circumstances of your loved one’s death, and determine whether your family may have a wrongful death claim, a survival action, or both. You may not know what questions to ask yet, and you don’t need all the answers before contacting us.
If you have lost a loved one because of an accident or another person’s wrongful conduct, contact James Hawkins APLC today for a free, compassionate, and confidential consultation. Tell us what happened, and let our team help you understand what legal options may be available to your family.
Call Us Today (949) 387 – 7200
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Nice people and they found things apart from wrongful termination
