Losing a loved one? Understand how a wrongful death case is paid for before you decide anything.

How do families pay for a wrongful death case in California? Usually through insurance or other responsible parties, such as a driver’s liability policy or a property owner’s coverage. This guide explains who may file, what losses families can claim, how fees and case costs work, and which deadlines apply. If you’re researching this for a loved one, you’re not alone in the questions you have.

What a Wrongful Death Claim Is and Who Can Bring One

A wrongful death claim is a lawsuit filed after a person dies because of another party’s wrongful act or neglect, and it may be asserted only by the persons listed in the statute, or by the decedent’s personal representative on their behalf. Cases often arise from fatal car, truck, motorcycle, bicycle, pedestrian, or bus crashes, dog attacks, premises incidents, and catastrophic injuries that lead to death.

Under Code Civ. Proc. § 377.60, these people may bring the claim:

• The surviving spouse or domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
• If they were dependent on the decedent: the putative spouse, the putative spouse’s children, stepchildren, and parents, or the legal guardians of the decedent if the parents are deceased.
• A minor who lived in the decedent’s household for the previous 180 days and got at least half their support from the decedent.
• A personal representative acting on behalf of these people.

A survival claim is different. It belongs to the decedent’s estate and covers losses the decedent suffered before death. Families often hear both terms, so it helps to know which one applies.

What a Family Can Recover Under California Law

Families can recover economic losses and non-economic losses. Economic losses are objectively verifiable money losses. They include medical expenses, burial costs, and loss of earnings, as defined in Civil Code § 1431.2.

Non-economic losses are subjective and not measured in money. The law lists loss of society and companionship and loss of consortium as examples. (CACI civil jury instructions)

Pain and suffering works differently in a survival claim. Under Code Civ. Proc. § 377.34, the decedent’s personal representative generally cannot recover damages for pain, suffering, or disfigurement. The statute makes narrow exceptions for actions granted a preference under Section 36 before January 1, 2022, and for actions filed between January 1, 2022 and January 1, 2026.

Under Code Civ. Proc. § 377.61, damages may be awarded that, under all the circumstances, may be just. They may not include survival damages. The court also decides how an award is shared among the people entitled to bring the claim.

Fault matters too.

How much a claim is worth depends on the facts and evidence in that case.

How Attorney Fees and Case Costs Work

The firm’s written fee agreement states the fee and how case costs are handled. Colvin Accident Lawyers offers a free first consultation, which is confidential and carries no obligation to continue.

Under Bus. & Prof. Code § 6147, a contingency fee contract must be in writing, and the client gets a signed duplicate. It must state the contingency fee rate and how costs affect the fee and the client’s recovery.

Case costs are out-of-pocket expenses. They can include records fees, investigation, accident reconstruction, medical record retrieval, filing fees, and fees for outside reviewers.

Read the fee and cost terms in writing before you decide. Ask questions about any line you don’t understand.

Where Settlement and Verdict Money Comes From

Most settlement money comes from liability insurance, up to the policy limits. The at-fault driver’s policy, a vehicle owner’s policy, a trucking company’s policy, or a property owner’s policy may pay.

Several parties may be involved, and each may carry its own coverage. Under Civil Code § 1431.2, each defendant pays its share of non-economic damages in proportion to its fault.

Uninsured motorist coverage may matter. If the at-fault driver has no insurance, the family’s own policy may apply. Under Ins. Code § 11580.2, that coverage insures the insured, his or her heirs, or legal representatives for all sums within the limits established by law that they are legally entitled to recover for bodily injury, including death, from the owner or operator of an uninsured motor vehicle not owned or operated by the insured or a resident of the same household.

Public agencies have a shorter window. Under Gov. Code § 911.2, a claim relating to a death must be presented not later than six months after the cause of action accrues. This can apply to a bus operated by a public agency.

The court decides how any award is divided among the people entitled to bring the claim.

Timeline and What to Expect Step by Step

A wrongful death case usually moves through five steps, from the first consultation to a lawsuit if one is needed.

1. Consultation. The family shares the death, the incident, and its questions.
2. Evidence. Preserve police reports, photos, vehicle or device data, witness statements, and medical and autopsy records.
3. Claim. Identify the responsible parties and their insurers, then present the claim.
4. Negotiation. Insurers respond, and each offer is measured against the damages categories above.
5. Lawsuit. A lawsuit is filed when needed. Under Code Civ. Proc. § 335.1, within two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Timelines vary from case to case. Acting early gives the family more time to gather evidence.

Why Families Work With Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. Donald Norman Colvin is the responsible lawyer for this site.

Our team includes support staff and attorneys who handle wrongful death matters. We handle car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death cases.

Families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi can contact the firm. A wrongful death matter can involve a surviving spouse, children, and parents at once, and each may ask different questions.

Our approach is to put fee terms in writing and explain each step in plain language. We answer family questions directly.

Questions Families Ask About Paying for a Wrongful Death Case

If a loved one died in a crash, an attack, or another incident, the bills, funeral costs, and lost income can add up. Colvin Accident Lawyers can talk through your family’s options with you. Contact Colvin Accident Lawyers to start that conversation.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.