{"id":2067,"date":"2026-10-25T01:02:09","date_gmt":"2026-10-25T01:02:09","guid":{"rendered":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/what-are-the-typical-grounds-for-a-wrongful-death-lawsuit\/"},"modified":"2026-11-08T00:53:22","modified_gmt":"2026-11-08T00:53:22","slug":"what-are-the-typical-grounds-for-a-wrongful-death-lawsuit","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/what-are-the-typical-grounds-for-a-wrongful-death-lawsuit\/","title":{"rendered":"Wrongful Death Lawsuit Grounds in California: Guide"},"content":{"rendered":"\n
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Wrongful Death | Bakersfield, California<\/p>

Wrongful Death Lawsuit Grounds in California<\/h1>

When a loved one dies because of someone else's negligence or misconduct, families often have questions about who may be legally responsible. This guide explains the common grounds and what to consider next.<\/p>

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By Donald Norman Colvin \u00b7 Published October 24, 2026<\/p>\n\n

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What are the typical grounds for a wrongful death lawsuit? In California, the basic ground is a death caused by another person’s or business’s wrongful act or negligence. The claim is brought by certain family members and heirs. They must show that the other side owed a duty, broke it, and caused a death that led to real losses. This guide explains each point in plain words.<\/p>\n

What Makes a Death a Basis for a Wrongful Death Lawsuit?<\/h2>\n

A wrongful death claim generally starts with a death caused by someone else’s wrongful act or neglect. California sets out this rule in Code of Civil Procedure \u00a7 377.60<\/a>.<\/p>\n

The claim may be asserted by certain listed survivors and heirs, or by the decedent’s personal representative on their behalf, under Code of Civil Procedure \u00a7 377.60<\/a>; it is not asserted by the person who died. It is separate from a survival claim, which covers losses the person suffered before death. Under Code of Civil Procedure \u00a7 377.20<\/a>, a cause of action is not lost because of death. It survives, subject to the applicable time limit.<\/p>\n

The grounds are usually the same ones that would have supported an injury claim if the person had lived. A crash, a dangerous property condition, or a dog attack can each be a starting point. Families often feel the loss before they understand the legal question. That is normal. For a broader overview, see our wrongful death lawyer overview<\/a>.<\/p>\n\n

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If your family is asking whether a death may give rise to a claim, you don't have to sort out the law alone. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What Are the Four Elements a Court Looks At?<\/h2>\n

How strong that evidence is varies from case to case.<\/p>\n

See the California Courts Self Help Guide on personal injury<\/a> cases.<\/p>\n

Duty of care.<\/strong> The other side owed a legal duty to the person who died. Under Civil Code \u00a7 1714<\/a>, everyone must use ordinary care in managing their property or person. Cal. Civ. Code \u00a7 1714<\/a> reads: “(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”<\/p>\n

Breach of duty.<\/strong> The other side failed to act with reasonable care. This can be an action, like speeding. It can also be an omission, like leaving a broken stair unrepaired.<\/p>\n

Pedestrian cases follow a specific rule. Vehicle Code \u00a7 21950<\/a> says a driver must yield to a pedestrian crossing within a marked crosswalk, or an unmarked crosswalk at an intersection. The same section says a pedestrian must still use due care.<\/p>\n

Causation.<\/strong> The breach must be a cause of the death. Coroner and medical examiner findings, police reports, and accident reconstruction often carry this proof. Causation is usually where the evidence matters most.<\/p>\n

Damages.<\/strong> The death must have caused losses. Under Civil Code \u00a7 3333<\/a>, for the breach of an obligation not arising from contract, damages compensate for “all the detriment proximately caused” by the wrongful act.<\/p>\n

Which Accidents Lead to Wrongful Death Claims?<\/h2>\n

Fatal car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, and property incidents are common grounds. Each type has its own facts. Colvin Accident Lawyers handles each of these types of matters.<\/p>\n