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Wrongful Death Lawyer Lancaster CA | Colvin Accident Lawyers

A California wrongful death claim lets a family seek damages after a loved one dies because of someone else’s fault. In most cases, the lawsuit must be filed within two years of the death (Code Civ. Proc. § 335.1). This page explains those timelines for families in Lancaster and Palmdale, whom we serve from our Bakersfield office.

Who Can File a Wrongful Death Claim in California

Eligibility turns on family relationship and the facts of the case. A wrongful death lawsuit in California is filed under Code of Civil Procedure section 377.60. Several family members may have a role in the claim, and the attorney reviews who qualifies at the consultation.

California law treats the family’s claim under Code of Civil Procedure § 377.60, which covers a cause of action for the death of a person caused by the wrongful act or neglect of another and may be asserted by the persons listed in the statute or by the decedent’s personal representative on their behalf. Some cases involve both claims, so the attorney reviews them together.

Don’t decide on your own whether you qualify. Bring the family relationship details, such as marriage, registered domestic partnership, or parent and child, to the consultation. Those details shape who may file and what the claim covers.

Filing Deadlines: Two Years, and Six Months When a Public Entity Is Involved

For most wrongful death cases, the general deadline is two years from the date of death. Code of Civil Procedure § 335.1 sets the two-year period. The California Courts Self Help Guide notes that exceptions can apply, so the exact date needs review.

The clock can be much shorter when a public entity is involved. A city, the county, the State, or a public transit agency may be responsible for a road, a signal, a bus, or a facility. Under Government Code section 911.2, a written government claim for a cause of action for death or for injury to person or to personal property or growing crops must be presented not later than six months after the accrual of the cause of action; a claim for any other cause of action is due within one year. Missing that deadline can bar a claim that would otherwise be valid.

Families should not wait for a coroner or police report before asking about deadlines. Reports take time, and the calendar keeps moving. A crash on the Antelope Valley Freeway (SR-14) could involve the State, while a crash on a city street could involve the city. Whether a public agency is involved depends on the facts.

Fatal Crashes and Incidents Across Lancaster and the Antelope Valley

A wrongful death claim can arise from many fatal incidents. These include car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, and premises incidents. Each type raises different questions about who was at fault and who may be responsible.

Commercial truck crashes often involve more records. Federal rules for property-carrying trucks limit driving time. Those logs can matter, but a rule violation is never assumed.

The county coroner or medical examiner may investigate the cause of death. Reports from the police or sheriff’s agency that responded also matter. Ask the responding agency for the report number as soon as possible. That number helps when records are requested later.

What a Wrongful Death Claim in California Can Include

A California wrongful death claim seeks money for the losses a family suffered because of a death. California allows a person who suffers detriment from another’s unlawful act to recover damages in money, under Civil Code § 3281. For the breach of an obligation not arising from contract, the measure of damages is the amount that compensates for all the detriment proximately caused, whether it could have been anticipated or not, except where the Code expressly provides otherwise, under Civil Code § 3333.

Under Cal. Civ. Code § 1431.2, the term ‘economic damages’ means objectively verifiable monetary losses, while ‘non-economic damages’ means subjective, non-monetary losses. Civil Code § 1431.2 defines economic damages as objectively verifiable monetary losses, such as medical expenses and loss of earnings. It defines non-economic damages as subjective losses, such as loss of companionship and emotional distress. In comparative fault cases, each defendant pays non-economic damages only in proportion to its own fault.

See Daly v. General Motors Corp. for the court’s explanation. Families often list funeral and burial costs, medical bills from the incident, and lost income. Each item must be documented.

No one can predict the result of a claim. Its value turns on the facts, the evidence, insurance, and the law that applies.

Evidence Lancaster Families Should Preserve Early

Evidence from a fatal incident can be repaired, released, or discarded, so families should act early. Vehicles, phones, and clothing are often the first items at risk. Asking for preservation soon after the incident gives the attorney more to work with.

Start with this checklist:

• The crash or incident report number
• The coroner or medical examiner’s contact information
• 911 call records, if available
• Photos and video from the scene
• Dash camera or surveillance footage
• Names and contact information for witnesses
• The decedent’s phone, vehicle, and clothing

Those remedies work inside the injury case, so early requests still matter. A preservation letter is still worth sending. Keep your own notes of dates, names, and calls from insurers.

What a Free Confidential Consultation Covers

The first consultation is free, confidential, and without obligation to continue. It is the place to ask which deadlines may apply and what options your family has. The attorney explains those points in plain terms.

Bring the date and place of death, any agency reports, insurance letters, medical and funeral bills, and a short timeline of events. The more complete the file, the more time the meeting can spend on decisions. Missing records can be requested later.

Families may also ask about state programs. Ask about this at the consultation.

Working With Donald Norman Colvin in Bakersfield

Donald Norman Colvin is the lawyer for Colvin Accident Lawyers. The practice is based in Bakersfield, in Kern County, California.

Our team includes assistants and office staff. They help families gather records, track dates, and keep paperwork organized. This page is written for families in Lancaster, Palmdale, Quartz Hill, and Rosamond. The office itself is in Bakersfield.

If your family is dealing with a funeral, insurance calls, and a deadline you didn’t choose, you don’t have to face those questions alone. Reach out through our contact page and we will walk through the next steps with you.

Colvin Accident Lawyers, Bakersfield (Kern County), California. Responsible for this site.