Some losses are not the kind any legal recovery can repair. A fatal traffic collision on the 101. A workplace accident at a Ventura County construction site or agricultural operation. A pedestrian struck in an Oxnard crosswalk. A loved one who died from medical negligence at a Central Coast hospital. The family is left with grief no court can address — but also with bills, lost financial support, and the question of accountability.
We represent surviving family members in wrongful death cases across Oxnard, Ventura, Camarillo, and the rest of Ventura County.
Who Can Bring a Wrongful Death Claim in California
California’s wrongful death statute is Code of Civil Procedure § 377.60. The statute identifies who has standing to bring the claim and limits it carefully. The surviving spouse, registered domestic partner, and children of the deceased come first. If none of those exist, the right passes to those who would inherit from the decedent under California’s intestate succession rules — typically parents, then siblings, then other relatives. Certain dependent parents, stepchildren, and putative spouses can also have standing in particular circumstances.
A wrongful death case is its own cause of action, separate from any survival action that might exist under § 377.30. The wrongful death claim belongs to the heirs and seeks damages for their losses — financial support, services, companionship, guidance. The survival action belongs to the deceased’s estate and seeks damages the deceased could have recovered if they had lived to bring suit. The two often get filed together, but they have different damage rules and different beneficiaries.
What Can Be Recovered
California wrongful death damages are described in CACI 3921. Economic damages include the financial support the deceased would have provided to the heirs during the deceased’s lifetime, the loss of gifts and benefits the heirs would have received, the reasonable value of household services the deceased would have provided, and funeral and burial expenses. Non-economic damages cover the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and the loss of training and guidance the deceased would have provided to children.
What California wrongful death does not allow is recovery for the heirs’ own grief, sorrow, or mental anguish. That distinction sometimes surprises families who assume their emotional suffering is itself compensable. Punitive damages are also not available in a California wrongful death case under § 377.60 — though punitive damages may be available in the survival action under § 377.30 in cases involving particularly egregious conduct that caused the death.
Time Limits in Wrongful Death Cases
The general California statute of limitations for wrongful death is two years from the date of death under Code of Civil Procedure § 335.1. Claims involving government entities require additional steps under the Government Claims Act, including a written claim presented within six months. Medical malpractice cases that result in death operate under a separate statute under § 340.5 — one year from discovery of the malpractice, with an absolute outer limit of three years.
Missing these deadlines bars the case regardless of how strong the underlying facts are.
Wrongful Death Matters We Handle
Our wrongful death practice covers:
- Fatal motor vehicle collisions
- Truck and commercial vehicle fatalities
- Pedestrian and bicyclist deaths
- Fatal motorcycle accidents
- Workplace fatalities with associated workers’ comp death benefits
- Construction site fatalities
- Agricultural worker fatalities
- Medical malpractice deaths
- Nursing home neglect resulting in death
- Defective product fatalities
- Premises liability deaths
- Drowning and recreational water fatalities along the Ventura County coast
- Drunk driving fatalities
When the Death Happens at Work
Workplace fatalities sit at the intersection of two different legal systems. The family generally has a workers’ comp death benefits claim and may also have a civil wrongful death claim against third parties. The comp death benefit is paid by the employer’s carrier and is the exclusive remedy against the employer under Labor Code § 3601. But that exclusive remedy rule only protects the employer — it does not protect anyone else who contributed to the death. A subcontractor, a property owner, an equipment manufacturer, an at-fault driver, or another company sharing the worksite can all be sued in civil court for the wrongful death even while the comp death claim proceeds separately. Coordinating these two cases correctly is essential to making sure the family recovers from every available source.
How We Approach the Work
Wrongful death cases carry enormous emotional weight on top of difficult legal questions. The family in front of us is going through one of the worst experiences of their lives. The legal process is the part we can take off their shoulders — the investigation, the experts, the negotiations, the court appearances, the difficult conversations with carriers. We handle all of that so the family can focus on grieving and on each other.
These cases run on contingency. There are no attorney’s fees unless we recover compensation for the family.
Contact Our Office
If your family has lost a loved one because of someone else’s negligence, contact our office for a confidential consultation. We speak English and Spanish, and we understand the weight of these cases.