Few cases carry the weight of a wrongful death claim. A spouse, a parent, a child, or a sibling has been taken because someone else failed to use reasonable care, and the family is left to navigate grief, finances, and a legal system at the same time. Our role is to carry as much of that legal burden as possible so the family can focus on each other.
Under California law, a wrongful death claim arises when a person's death is caused by the wrongful act or neglect of another. The most common circumstances are fatal traffic collisions, fatal premises injuries, fatal acts of violence on inadequately secured property, and certain medical and product-related deaths. The legal standard mirrors a personal injury case, with the additional element that the injury proved fatal.
California Code of Civil Procedure section 377.60 identifies who may bring a wrongful death claim. Generally that includes the surviving spouse, domestic partner, and children, and, if there is no surviving issue of the decedent, the persons who would be entitled to the property of the decedent by intestate succession. Other family members, such as parents and putative spouses, may also have standing depending on the circumstances. We help families understand exactly who may bring a claim and how the recovery is allocated.
A wrongful death action is separate from what is called a survival action. A survival action is brought on behalf of the decedent's estate and recovers losses the decedent personally suffered before death, such as medical bills and pain and suffering before passing. The two claims are often pursued together. The damages available include financial support the family would have received, the value of services, lost companionship, and other losses the law recognizes.
The statute of limitations for a California wrongful death claim is generally two years from the date of death, but shorter deadlines apply when a public entity is involved. We move carefully but quickly, and we keep families informed at every stage.
Throughout the case, James F. Spiering personally handles the work. He understands that communication, patience, and dignity matter as much as legal strategy in cases like these.
Who this is for
This page is for surviving spouses, domestic partners, children, parents, and other family members who have lost someone in a preventable death in California. It is also for the personal representative of an estate who needs to understand both wrongful death and survival claims.
First steps after a wrongful loss
- Take the time you need. Nothing about this is required to happen on a particular day. Reach out only when you are ready.
- Preserve any documents related to the incident, including police reports, hospital records, and any correspondence from insurance companies.
- Be cautious about signing anything from an insurance carrier or speaking on the record before consulting an attorney.
- If a public entity may be involved, understand that the deadline to file a claim can be as short as six months. Even in those cases, our consultation is free.
- Call Spiering Law when you are ready. We will listen to what happened, explain your options, and there is no obligation to move forward.
Key California legal concepts
Wrongful death claim
Brought by qualifying family members under California Code of Civil Procedure section 377.60. Recovers losses the family suffered as a result of the death.
Survival action
Brought on behalf of the decedent's estate. Recovers losses the decedent personally suffered between the wrongful act and death, including medical expenses and certain other damages.
Available damages
May include financial support the decedent would have provided, loss of household services, loss of love, companionship, comfort, care, and guidance, and funeral and burial expenses.
Statute of limitations
Generally two years from the date of death. Claims involving government entities have much shorter deadlines, often only six months to file an administrative claim.
Frequently Asked
Questions clients ask us most often
Free Consultation
If you were hurt, the call costs nothing. The answers may change everything.
Speak directly with our team about what happened. We will explain your options in plain language and let you decide what to do next. There is never a fee unless we recover money for you.