Wrongful Death Claims in California | What You Should Know

If your loved one died as a result of another person’s negligence, please read on, then contact an experienced Santa Clara County wrongful death attorney to learn what you should know about wrongful death claims in California.

How do you know if you have a valid wrongful death claim in California?

First of all, one should know who can bring a wrongful death lawsuit in the Golden State. Those eligible are the decedent’s:

  • Spouse
  • Domestic partner
  • Children
  • Putative spouse and their children (must prove financial dependence on the deceased party)
  • Financially dependent stepchild
  • Financially dependent parents

So long as you meet those qualifications, you may file suit for the following:

  • The death of a person
  • Wrongful conduct or negligence of another resulting in death
  • You or a loved one is a survivor who has suffered specific damages due to the death

What can you fight for in a wrongful death claim in California?

It should go without saying that only survivors or the estate can receive monetary awards to compensate for economic damages resulting from the death. Such entities can recover a variety of damages in a wrongful death lawsuit, including the following:

  • Funeral expenses
  • Any final medical or hospital bills that the deceased party incurred prior to their passing
  • Lost income and future income of the deceased party
  • The value of household services provided by the deceased individual
  • Loss of love, community, guidance, affection, moral support and more
  • Loss of anticipated financial support

If you lost a loved one to another person’s negligent or wrongful conduct, you should reach out to one of our skilled Santa Clara County personal injury attorneys to discuss your next steps.

How can a Santa Clara County personal injury attorney help you?

Having a competent legal professional working on your behalf can make all the difference in the success or failure of your effort to recover damages. He or she will help you collect, compile and present the evidence needed to prove your case in court. This evidence will come in the form of medical records related to the accident, statements from any and all witnesses to the accident, a copy of the police report and any photos and/or videos of the accident scene. No matter the strength of your case, precious few defendants will admit to their negligent or wrongful conduct and hand over the damages that they owe to the families of their victims. That is where a seasoned legal representative comes in. He or she will preserve your rights and fight to hold the defendant accountable.

This process can be time-consuming and complicated, so let us handle the paperwork. Please give us a call today.


When someone is wrongly injured in an accident, they often require financial compensation to heal. That’s where we come in. Contact the Law Offices of Brian J. O’Grady today to learn more about what our firm can do for you.