After a death, crucial information can disappear quickly, including vehicle data, camera footage, witness memories, and records held by an employer or public agency. Starting a wrongful death action in California requires preserving available evidence and identifying deadlines before an insurer or another party controls the narrative.
A criminal case isn’t required before a family pursues a California wrongful death action. Civil and criminal proceedings serve different purposes and use different standards of proof, so a civil case can proceed even when no criminal charges are filed or no conviction occurs. Since 1973, we have represented Redlands families in serious injury and wrongful death matters, including cases brought in San Bernardino County Superior Court.
Determine Whether the Death Supports a Civil Claim
The initial review examines whether another person or organization legally caused the death through a wrongful act or neglect. Four issues are central: whether the other party owed a duty of care, breached that duty, caused the death, and caused compensable losses for surviving heirs.
Duty of care is a legal responsibility to act reasonably under the circumstances. A driver, for example, must operate a vehicle safely. Depending on what happened, a potential claim could involve an individual, employer, business, health care provider, product manufacturer, or public entity.
California uses a preponderance of the evidence standard in civil cases. In plain terms, the evidence must show that the claim is more likely true than not. If the deceased person shared fault, California’s comparative negligence rule reduces damages by that person’s percentage of responsibility, but shared fault doesn’t automatically prevent recovery.
Early records often help establish what occurred:
- Incident or collision reports, photographs, and available video footage.
- Names and contact information for witnesses.
- Medical records and communications about the incident.
- Employment, maintenance, product, or business records connected to the responsible party.
Identify Every Eligible Heir
California generally allows only one wrongful death lawsuit arising from a person’s death, rather than separate actions by individual heirs. All eligible heirs generally must be included in that action, making it important to identify them before filing.
Under California Code of Civil Procedure Section 377.60, eligible claimants include a surviving spouse, domestic partner, children, and the children of a deceased child. If none survive, the right may pass to people who would inherit under California intestate succession rules, which apply when someone dies without a will.
Certain dependent relatives may also qualify, including a financially dependent putative spouse, stepchild, or parent. Family relationships, financial dependency, and the existence of other heirs all matter. The court determines each eligible heir’s share of any damages awarded.
Confirming who belongs in the action is one of the first steps in starting a California wrongful death case. A complete family picture can prevent disputes that complicate the case later.
Act Before the Filing Deadline
For many wrongful death actions, California Code of Civil Procedure Section 335.1 sets a two-year deadline from the date of death. Missing the deadline can prevent a family from pursuing the case, so the date and circumstances require prompt review.
The timeline is often much shorter if a city, county, school district, transit agency, or state agency bears responsibility. A public entity claim is a written administrative claim submitted to the government body before a lawsuit can proceed. Under Government Code Section 911.2, it generally must be presented within six months of accrual.
After the government body acts on or rejects the administrative claim, Government Code Section 945.6 governs the deadline for filing a lawsuit. This requirement can arise from a roadway condition, government vehicle, public hospital, school activity, or county-operated facility. Identifying every potential defendant is essential because different deadlines apply.
Document the Family’s Losses
Wrongful death damages address losses eligible heirs experience because of the death. Economic damages can include the financial support the deceased would have contributed, funeral and burial expenses, and the value of household services.
Non-economic damages address the loss of companionship, protection, affection, moral support, training, and guidance. California doesn’t allow heirs to recover for their own grief, sorrow, or pain and suffering in a wrongful death action. Punitive damages are also generally unavailable, except in the limited circumstance involving a defendant convicted of felony homicide.
Records relevant to these losses often include:
- Tax returns and pay records.
- Employment benefits information.
- Invoices for funeral expenses.
- Details about the work the deceased performed at home.
Together, these records show both lost income and the practical contributions the family no longer receives.
A related survival claim may also be relevant. It seeks certain losses suffered by the deceased before death, while the wrongful death action addresses losses experienced by surviving heirs. California Code of Civil Procedure Section 377.62 allows the actions to be joined when they arise from the same wrongful act or neglect.
What Happens After the Initial Review
The next steps include investigating the death, identifying responsible parties, evaluating losses, and communicating with insurers or other defendants. Some cases resolve through negotiations, while others require filing a complaint and proceeding through litigation.
For Redlands-area cases, civil wrongful death lawsuits are filed and heard in the Civil Division of the San Bernardino District of San Bernardino County Superior Court. After a lawsuit begins, discovery provides a formal process for gathering information through document requests, written questions, and witness depositions taken under oath.
At our firm, a designated attorney and case manager handle each wrongful death case from the first day. The first meeting is with a licensed attorney, and the same team remains involved as the case develops. Our work in plaintiff matters and institutional defense also informs how we evaluate arguments raised by insurers, corporations, and government agencies.
Preserve Evidence & Assess Deadlines First
Begin by identifying all potential heirs, preserving available records and evidence, and determining whether a government body was involved. These steps provide a clearer starting point than waiting for a criminal investigation or insurance decision, neither of which is required for a civil case.
If you need guidance from a wrongful death attorney, Dolen, Tucker, Tierney & Abraham offers free initial consultations for families in Redlands, San Bernardino County, and the Inland Empire. Reach our team at (909) 473-4948 to discuss the circumstances and applicable deadlines.