Losing a loved one in a car crash in California often happens without warning. A driver runs a red light on the 5, a distracted teen veers into oncoming traffic in Orange County, or a trucker falls asleep behind the wheel on the 101. In these devastating situations, surviving families are left with grief, confusion, and difficult questions about what comes next.
If you’re here, you may wonder if you can get financial help through a wrongful death car accident claim, the process, and how to make the responsible party answerable. The team at The Beliz Law Firm is here to help offer clear answers and guidance to help you take the next step forward.
What Is a Wrongful Death Car Accident Under California Law?
In California, a death is considered “wrongful” when it is caused by someone else’s negligence, recklessness, or intentional act. When that fatality results from a car accident, such as speeding, drunk driving, or running a stop sign, the deceased person’s family may have the right to seek civil compensation.
This type of legal action is separate from any criminal charges. In a civil lawsuit for wrongful death, the objective is to recover losses rather than to penalize the responsible party. That distinction matters when discussing compensation for death in a car accident, which can include financial and emotional damages.
Who Can File a Fatal Car Accident Lawsuit in California?
California law limits who may file a fatal car accident lawsuit. The statute gives priority to:
- The surviving spouse or domestic partner;
- Children of the deceased;
- Dependent stepchildren or minors who lived with and relied on the deceased; or
- If none of the above apply, individuals who would inherit under California’s intestate succession laws.
Multiple family members may be involved in a single claim. If several parties are entitled to file a claim, the court may consolidate them into one case. Legal guidance is essential in these cases, where emotional grief often overlaps with legal complexity.
What Must Be Proven in a Wrongful Death Claim?
To bring a successful wrongful death car accident case, you must prove that:
- The defendant owed a duty of care to the deceased (e.g., to follow traffic laws),
- That duty was breached (e.g., they ran a red light),
- The breach directly caused the death, and
- Surviving family members suffered measurable damages.
These elements align with standard negligence principles under California law. Eyewitness testimony, police reports, and accident reconstruction can all serve as evidence to prove these points.
What Damages Are Available in a Wrongful Death Case?
A successful claim may include both economic and noneconomic damages. While no amount of money can replace your loved one, a civil settlement can help relieve financial burdens and recognize your emotional loss.
You may be entitled to compensation for:
- Funeral and burial expenses;
- Lost financial support the deceased would have contributed;
- Loss of benefits, such as a pension or health coverage; and
- Loss of companionship, guidance, and moral support.
This type of wrongful death car accident settlement can also account for the emotionally meaningful time you will no longer spend with your loved one, such as birthdays, graduations, and retirement milestones. Each case is unique, and damages depend on the deceased’s age, income, and role.
What Happens When Someone Dies in a Car Accident?
A car accident with death often triggers both criminal and civil proceedings. Law enforcement will investigate the crash. The district attorney may file criminal charges, especially if drugs, alcohol, or reckless driving were involved.
But criminal justice doesn’t address the family’s personal losses. That’s where civil wrongful death claims come in. Civil courts allow survivors to recover damages without requiring a criminal conviction. In fact, you can file a civil lawsuit even if the driver isn’t charged or is found not guilty.
Wrongful death claims must be filed within two years of the date of death. Failing to file on time could result in losing your family’s right to recover compensation.
How an Attorney Can Help After a Wrongful Death Car Accident
Wrongful death claims are emotionally and legally complex, especially when dealing with insurance adjusters, paperwork, and settlement offers that may not reflect your full losses. However, you do not need to navigate this process alone.
An attorney can help you:
- Investigate liability and gather evidence,
- File and manage the wrongful death claim,
- Identify all possible sources of compensation,
- Coordinate with probate if necessary, and
- Maximize recovery while protecting your legal rights.
Pursuing compensation for death in a car accident without legal guidance can lead to underpaid claims, missed deadlines, or added emotional strain. In some cases, our firm engages accident reconstruction experts or consults economic analysts to project long-term financial losses. These resources can significantly impact the settlement value.
Start the Healing Process with Answers
At The Beliz Law Firm, we understand the emotional toll of losing someone to a preventable accident. Founded by Michael A. Beliz, Esq., our firm has recovered millions on behalf of California families in car accident and wrongful death claims.
We provide individualized attention to every case. We’ve helped families secure justice after accidents involving speeding, drunk driving, rideshare collisions, and defective vehicle parts. When you work with us, you receive compassionate legal support and the skill of a seasoned trial attorney.
Justice may begin with a claim, but healing starts with trusted support.
Your family deserves peace, stability, and support. If you’ve lost someone in a car accident, don’t accept a rushed insurance payout or unanswered questions. Speak with our personal injury attorney today.
We will clarify your legal options and advocate for your rights. Our goal is to support you as you move forward with strength, dignity, and guidance.
FAQs
How Long Does a Wrongful Death Car Accident Case Take?
It depends on the case’s complexity and whether it settles out of court. Some cases resolve in a few months, while others involving disputed liability or multiple defendants may take over a year.
What If My Loved One Was Partially at Fault?
California follows comparative fault rules. Even if your loved one was partially responsible, you may still recover damages, though your compensation may be reduced accordingly.
What If the At-Fault Driver Was Uninsured?
You may still be able to recover compensation through uninsured motorist coverage or a personal injury lawsuit if the driver has assets. An attorney can explore all recovery options.
Resources
- California Department of Insurance. What to Do After a Car Accident, link
- Judicial Council of California. Civil Jury Instructions – CACI No. 3921, link
Michael A. Beliz, Esq., established The Beliz Law Firm in the spring of 2011. Michael has been a practicing attorney since 2006 and worked for two of the most prominent plaintiff’s personal injury law firms in Southern California. He has worked on and handled hundreds of cases as an attorney in all types of personal injury cases, including vehicle accidents, pedestrian accidents and dog bites, and successfully recovered millions of dollars for his clients.
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