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Losing a loved one due to someone else's negligence is a devastating experience. We have a compassionate and experienced team of lawyers who will fight tirelessly to hold the responsible parties accountable and get you the justice you deserve.

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What is a Wrongful Death claim?

Wrongful death is a legal term that refers to a situation where the negligence, recklessness, or intentional actions of another party cause a person's death. Wrongful death claims are a specific type of personal injury lawsuit filed on behalf of the deceased person's survivors or estate. In these cases, the deceased's family members or legal representatives seek compensation for the losses resulting from the death.

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Who can file a Wrongful Death claim in California? 

A wrongful death claim, California Code of Civil Procedure 377.60, can be filed by the surviving spouse, domestic partner, children, and dependent minor. The claim gives the right to recover:

  • Funeral Expenses

  • Potential future Income of the deceased

  • Compensation for loss of support and companionship

What are the critical elements of a wrongful death claim in California? 

  1. A death occurred

  2. Causes of Wrongful Death can result from a variety of circumstances, including car accidents, medical malpractice, workplace accidents, defective products, criminal acts, and other situations where negligence or intentional misconduct led to a fatal outcome.

  3. Compensation for Damages in a wrongful death claim can include economic and non-economic losses such as medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and pain and suffering experienced by the deceased before death.

  4. Survivors and Beneficiaries can file a wrongful death claim, vary by jurisdiction, but typically, close family members such as spouses, children, and parents are eligible to file. In some cases, other dependents or individuals who suffer financially due to the death may also have the right to file.

  5. Burden of Proof in a wrongful death claim, the plaintiff (the party bringing the lawsuit) must establish that the defendant's actions or negligence directly caused the death and that the death resulted in compensable damages.

  6. The statute of Limitations for a wrongful death claim is typically two years from the date of the decedent’s death.  However, in certain cases, you may be required to act much sooner. For example, in medical malpractice/negligence cases, the statute of limitations is one year from the date of injury, and in cases against government entities, you may be likely to file an administrative claim within 6 months prior to filing a lawsuit.  Failure to take immediate action within the prescribed time frames will result in your claims being barred as a matter of law.


If you have lost someone due to wrongful death, it’s in your best interest to discuss your case with a California Wrongful Death attorney.  Strongin LLP attorneys are experienced trial attorneys familiar with the ins and outs of wrongful death and related claims.

I made the right choice! For those times when I have needed an attorney, hiring Mr. Strongin was the absolute smartest choice. I have found him to be up front and honest and he returns my phone calls in a prompt manner. This is one of the things that is important to me. He works relentlessly until the successful outcome of the case is reached. I am really happy the way Mr. Strongin has handled everything. I don't think anyone will ever serve you better then attorney, Eric Strongin.

-- Catherine 

Best attorney experience imaginable. Simply put I have never had, or heard of, such a thoroughly positive attorney/client experience. I was provided outstanding and tireless advice and representation. Every step of the process was explained in detail and to my total understanding. I especially appreciated the ability to reach Ericdirectly by phone or e-mail. In those rare instances when it was necessary to leave a message I always received a prompt and comprehensive reply. Based on my experience I would not hesitate to recommend the legal advise and services of Eric Strongin.

-- Hugh

SUPERB REPRESENTATION! To the point Crystal Clear representation with great results best choice i ever made was to contact Eric. I emailed him and within minutes he returned my call, He represented me in a Bad Faith case and couldn't be happier with the result. If you're in need of Aggressive, Honest representation, Eric Strongin is your SUPER LAWYER!!!

-- Lisa Driver

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