When a loved one dies because of another’s negligence, the emotional and financial toll can feel unbearable. Beyond grief, families are suddenly confronted with funeral costs, loss of income, and unanswered questions about justice.

In California, the law provides a civil path toward accountability known as a wrongful death lawsuit. However, not everyone can file such a case—and not every death legally qualifies.

At Deng Law Center, our attorneys guide grieving families through the complicated legal and procedural steps of wrongful death claims. For over twenty-five years, we have helped families recover compensation, hold negligent parties responsible, and find a measure of closure through the justice system.

I. Understanding Wrongful Death under California Law

1. Legal Definition
A wrongful death action arises when a person dies due to the wrongful act or neglect of another party. It is governed primarily by California Code of Civil Procedure (CCP) §377.60–§377.62.

The purpose of the action is compensation, not punishment—it seeks to replace the financial and emotional support the deceased would have provided to surviving family members.

2. Difference between Wrongful Death and Survival Actions
A wrongful death claim belongs to the survivors (spouse, children, parents), while a survival action belongs to the deceased’s estate to recover damages incurred before death (such as medical bills or lost wages).

Deng Law Center often files both simultaneously to maximize recovery under each statute.

II. Who Has Legal Standing to File

1. Primary Beneficiaries (CCP §377.60)
The right to sue typically belongs to:

• Surviving spouse or registered domestic partner
• Children of the decedent
• Grandchildren, if the decedent’s children are deceased

If none of these exist, then:

• Parents (if financially dependent)
• Siblings or other heirs entitled to inherit under intestate succession

2. Stepchildren and Putative Spouses
California recognizes certain “putative” spouses—those who genuinely but mistakenly believed they were legally married—as eligible claimants. Stepchildren may also qualify if they were financially dependent on the deceased.

3. Financial Dependents
Even non-relatives can sometimes file if they were dependent on the decedent for at least 50% of their support, such as long-term caregivers or partners.

Deng Law Center carefully documents dependency through tax records, leases, and financial statements to establish standing.

III. What Damages Are Recoverable

1. Economic Damages

• Loss of financial support the deceased would have contributed
• Funeral and burial expenses
• Value of household services provided
• Loss of benefits (pension, health insurance)

2. Non-Economic Damages

• Loss of love, companionship, comfort, care, assistance, protection, and moral support
• Loss of guidance for children

California law forbids recovery for grief or pain suffered by survivors themselves, focusing instead on the tangible loss of relationship value.

3. No Punitive Damages
Punitive damages are not permitted in wrongful death claims but may be recovered in a survival action if the decedent survived briefly and punitive conduct is proven.

Deng Law Center advises filing both actions to preserve this possibility.

IV. Establishing Liability

1. Negligence and Causation
Plaintiffs must prove that the defendant’s negligence directly caused the death. Common scenarios include:

• Car, truck, or motorcycle accidents
• Medical malpractice
• Dangerous premises or defective products
• Criminal conduct resulting in death

Deng Law Center employs accident reconstruction experts, medical specialists, and economists to quantify losses and link conduct to outcome.

2. Burden of Proof
Civil cases use the “preponderance of the evidence” standard—just over 50% likelihood. This is far lower than the criminal standard of “beyond a reasonable doubt.”

Families can therefore succeed in civil court even if prosecutors decline or lose a criminal case.

3. Comparative Fault
Even if the deceased was partially at fault, compensation is reduced proportionally but not eliminated. For instance, if decedent was 20% responsible, survivors may still recover 80% of damages.

V. Time Limits and Filing Procedures

1. Statute of Limitations
In most cases, the claim must be filed within two years of death. For medical malpractice, the limit is the earlier of three years from injury or one year from discovery.

For deaths involving government entities, a government claim must be filed within six months.

2. Probate Coordination
If a survival action accompanies the wrongful death case, a personal representative of the estate must be appointed through probate.

Deng Law Center assists families in opening estate files, ensuring all claims proceed under the correct party names.

VI. Calculating the Value of a Wrongful Death Case

1. Economic Calculations
Economists project the decedent’s future earning capacity, adjusted for inflation, life expectancy, and career trajectory. The loss of household contributions—childcare, maintenance, elder support—is also monetized.

2. Life-Care and Replacement Services
In cases where the decedent was a homemaker or caregiver, courts assign replacement value for these daily services. Deng Law Center uses expert testimony to quantify these non-salary contributions.

3. Settlement Dynamics
Insurance companies often attempt to minimize payouts by disputing dependency or future earnings. Experienced negotiation—and, when necessary, litigation—can substantially raise settlements.

Our firm frequently utilizes time-limited policy-limit demands to force insurers to tender full coverage amounts.

VII. Real-World Examples of Wrongful Death Cases

• Vehicle Collisions: drunk-driving fatalities, pedestrian strikes, or commercial trucking negligence.
• Medical Negligence: surgical errors, anesthesia complications, or failure to diagnose.
• Defective Products: exploding lithium batteries, unsafe machinery, or consumer goods lacking warnings.
• Public Entity Liability: unsafe road designs or negligent emergency response.

Each category involves distinct statutes and notice requirements, all of which Deng Law Center carefully manages from investigation through resolution.

VIII. Emotional and Practical Guidance for Families
Beyond the courtroom, grieving families often need support understanding insurance paperwork, hospital bills, and probate documents.

Our bilingual legal team ensures that Chinese-speaking families can communicate their needs clearly, bridging cultural and linguistic gaps in the U.S. legal system.

IX. Why Choose Deng Law Center

• 25+ years of civil litigation experience in California courts
• Proven record of multi-million-dollar wrongful death and injury recoveries
• Full bilingual (English / 中文 / 粵語) client service
• Strategic use of forensic experts, economists, and psychologists to document total loss

Deng Law Center believes that every life has measurable worth and that accountability brings healing as well as justice.

If your loved one’s death was caused by negligence, don’t face the system alone.

📞 Contact Deng Law Center for a free, confidential consultation today.
Phone: (626) 280-6000
Website: www.denglaw.com
Address: 2112 Walnut Grove Ave., Rosemead CA 91770 (also in Irvine, CA)