Losing a loved one in a fatal car accident is one of the most devastating experiences a family can face. Beyond the emotional trauma, families are often left with unexpected financial burdens — medical bills, funeral costs, and the loss of income and support. California law allows surviving family members to pursue a wrongful death claim to hold negligent drivers accountable and secure financial compensation for their losses.
This guide explains how wrongful death claims work in California, who can file, what damages are available, and how Infinity Law Group supports families during this difficult time.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit filed when someone’s negligence or wrongful act causes another person’s death. In the context of fatal car accidents, wrongful death claims often arise from:
- Distracted driving
- Drunk or impaired driving
- Speeding
- Reckless or aggressive driving
- Rideshare driver negligence
- Commercial truck collisions
- Defective vehicle parts
The California Code of Civil Procedure § 377.60 outlines who may file a wrongful death claim and what damages may be recovered.
Common Causes of Fatal Car Accidents in California
California’s roads are among the busiest in the nation, and fatal crashes are tragically common. According to the California Office of Traffic Safety, thousands of people lose their lives in traffic collisions each year. The NHTSA reports that speeding, impaired driving, and distracted driving remain leading causes of fatal crashes nationwide.
Fatal accidents often involve:
- High‑speed collisions
- Rideshare vehicles (Uber & Lyft)
- Commercial trucks
- Hit‑and‑run drivers
- Dangerous intersections
- Poor road design or maintenance
These cases frequently overlap with issues we discuss on our car accidents, truck accidents, and Uber & Lyft accidents pages.
Who Can File a Wrongful Death Claim in California?
California law limits who may file a wrongful death lawsuit. Eligible parties include:
- The surviving spouse or domestic partner
- Children of the deceased
- Stepchildren or putative spouses (in certain cases)
- Parents (if they were financially dependent)
- Other heirs under California intestate succession laws
If you are unsure whether you qualify, Infinity Law Group can help you determine your eligibility.
What Damages Can Families Recover?
Wrongful death damages are designed to compensate families for both financial and emotional losses. These may include:
Economic Damages
- Funeral and burial expenses
- Loss of financial support
- Loss of household services
- Medical bills incurred before death
Non‑Economic Damages
- Loss of companionship
- Loss of guidance and support
- Emotional suffering
- Loss of consortium (for spouses)
If the victim suffered before passing, the family may also pursue a survival action, which is separate from wrongful death and allows recovery for the victim’s pain, suffering, and medical expenses prior to death.
How Fault Is Determined in Fatal Car Accidents
Determining liability is a critical part of any wrongful death case. Depending on the circumstances, several parties may be responsible:
1. Negligent Drivers
Most fatal crashes involve a driver who was speeding, distracted, or impaired.
2. Rideshare Companies
If an Uber or Lyft driver caused the fatal crash, the company’s insurance policies may apply.
3. Commercial Trucking Companies
Truck accidents often result in catastrophic or fatal injuries. Liability may extend to the trucking company, maintenance provider, or manufacturer. These cases often overlap with the issues we discuss on our truck accidents page.
4. Government Entities
If poor road design, missing signage, or inadequate lighting contributed to the crash, a city or municipality may be liable.
5. Vehicle Manufacturers
Defective brakes, airbags, or other components can also cause fatal collisions.
How Long Do You Have to File a Wrongful Death Claim in California?
California’s statute of limitations for wrongful death is generally two years from the date of death. However:
- Claims against government entities require filing a notice within 6 months.
- Claims involving defective products may have different deadlines.
Because these timelines are strict, it’s important to speak with an attorney as soon as possible.
How Infinity Law Group Helps Families After a Fatal Accident
Infinity Law Group represents families throughout California who have lost loved ones in car accidents, truck accidents, rideshare collisions, and other fatal incidents. Our team:
- Conducts a thorough investigation
- Works with accident reconstruction experts
- Obtains police reports, video footage, and witness statements
- Identifies all liable parties
- Calculates the full value of economic and non‑economic damages
- Handles all communication with insurance companies
- Prepares every case as if it will go to trial
We understand the emotional weight of wrongful death cases and provide compassionate, dedicated support from start to finish.
Infinity Law Group also represents families on a contingency fee basis, meaning you pay nothing unless we win.
If you lost a loved one in a fatal car accident, contact Infinity Law Group today for a free consultation.
