Losing a family member in a fatal car crash is devastating, and for families in Los Angeles County the legal aftermath can feel just as overwhelming as the loss itself. An experienced auto accident attorney helps surviving spouses, children, and parents pursue a wrongful death claim under California law — investigating the collision, identifying every liable party, and fighting for compensation that reflects the true weight of what was taken. This guide explains how wrongful death claims work in California, what damages are available, and how the civil case interacts with any criminal charges the at-fault driver may face.
How Wrongful Death Claims Work Under California Law
California's wrongful death statute allows specific survivors — typically the spouse, domestic partner, and children of the decedent — to bring a civil claim against the person or company whose negligence caused the death. Unlike a criminal prosecution, which is brought by the state, a wrongful death lawsuit is a private civil action filed in a venue such as the Los Angeles County Superior Court, often at the Stanley Mosk Courthouse in downtown Los Angeles.
The clock starts running quickly. Under Code of Civil Procedure § 335.1, families generally have two years from the date of death to file a wrongful death claim. Missing that statute of limitations almost always ends the case before it begins, which is one reason auto accident attorneys urge families to seek counsel early — while skid marks, vehicle data, and surveillance footage from the crash scene still exist.
Building the Evidence: Collision Reports and Investigation
Fatal collisions on corridors like the I-405, the I-10, and US-101 are typically documented by the California Highway Patrol, whose officers prepare a CHP 555 traffic collision report. Crashes on surface streets in the San Fernando Valley or downtown Los Angeles are usually handled by the LAPD. These reports — along with chemical test results, witness statements, and data from the vehicles themselves — form the backbone of the civil case.
A thorough auto accident attorney goes beyond the police report. Accident reconstruction experts, cell phone records, trucking logs, and roadway design analyses can all reveal negligence that an initial investigation missed. The National Highway Traffic Safety Administration (NHTSA) consistently finds that impaired and distracted driving are leading contributors to fatal crashes, and establishing exactly why the collision happened determines who can be held accountable.
When the At-Fault Driver Was Drunk: Criminal and Civil Cases Run in Parallel
Many fatal crashes in Los Angeles involve an impaired driver. In those cases, two separate legal proceedings unfold at the same time. The state prosecutes the driver criminally — under California Vehicle Code § 23152 for standard DUI, or § 23153 when the DUI causes injury, which can be charged as a felony. Meanwhile, the family's wrongful death claim proceeds in civil court.
Understanding how the criminal side operates can meaningfully help the civil case. The driver will typically retain a Los Angeles DUI defense lawyer to contest the blood alcohol concentration (BAC) evidence, the field sobriety tests, and the traffic stop itself — and both sides of that criminal fight work from the same police reports and chemical breath or blood test results that the family's civil attorney will rely on. If the driver is convicted, the conviction can be powerful evidence in the wrongful death suit: under California Evidence Code § 669, violating a safety statute like the Vehicle Code can establish negligence per se, effectively presuming the driver was negligent.
Drunk driving deaths also open the door to punitive damages. Under Civil Code § 3294, and following the California Supreme Court's decision in Taylor v. Superior Court (1979), a plaintiff may seek punitive damages against a driver who willfully got behind the wheel intoxicated — damages designed to punish, not merely compensate.
What Compensation Can Families Recover?
California wrongful death damages fall into two broad categories. Economic damages cover the measurable financial losses: funeral and burial expenses, the income and benefits the decedent would have earned, and the value of household services they provided. Non-economic damages compensate for the loss of love, companionship, comfort, guidance, and moral support — losses that no spreadsheet can capture but that often represent the largest part of a verdict.
Insurance Realities in Los Angeles County
Collecting a judgment is its own challenge. As of January 1, 2025, Senate Bill 1107 raised California's minimum auto liability limits to $30,000 per person and $60,000 per accident for bodily injury — far below the value of most wrongful death claims. That is why attorneys look hard at uninsured/underinsured motorist (UM/UIM) coverage on the family's own policies, umbrella policies, and additional defendants such as employers or vehicle owners.
Two other California rules matter. Under the pure comparative negligence standard adopted in Li v. Yellow Cab Co. of California (1975), a family can recover even if the decedent shared some fault, with damages reduced by that percentage. And Proposition 213 can bar certain non-economic recoveries for uninsured drivers in their own injury claims — one of several traps that make experienced counsel essential.
Dram Shop and Third-Party Liability
California's dram shop rules are narrow. Business & Professions Code § 25602 generally shields bars and restaurants from liability for serving an intoxicated adult, but § 25602.1 creates an important exception for licensees who serve an obviously intoxicated minor who then causes a fatal crash. An attorney who understands these nuances will examine every potential source of recovery, from alcohol vendors to negligent entrustment by a vehicle's owner.
Why Families Choose an Auto Accident Attorney for a Wrongful Death Claim
Wrongful death litigation blends grief with high-stakes procedure. A skilled auto accident attorney manages the entire process — preserving evidence, dealing with insurers so the family doesn't have to, valuing the claim with economists and life-care planners, and preparing every case as if it will be tried to a Los Angeles jury. Most work on contingency, meaning the family pays nothing unless the case succeeds.
Frequently Asked Questions
How long do I have to file a wrongful death claim in Los Angeles?
Generally two years from the date of death under Code of Civil Procedure § 335.1. Claims against government entities — for example, a dangerous roadway maintained by Caltrans or a city — require a formal claim within six months, so families should consult an attorney promptly.
Does a DUI conviction guarantee we win the civil case?
No, but it helps enormously. A conviction under Vehicle Code § 23152 or § 23153 supports a negligence per se theory under Evidence Code § 669 and can justify punitive damages under Civil Code § 3294. The civil case still must prove causation and damages.
Who can file a wrongful death claim in California?
Typically the surviving spouse or domestic partner, children, and, if there is no surviving issue, others entitled to the decedent's property by intestate succession. Financially dependent parents and stepchildren may also qualify in certain circumstances.