Wrongful Death
When a person dies as a result of another party's negligence or wrongful act, surviving family members may have a wrongful death claim. California and Arizona both allow qualified survivors to seek compensation for their loss. This is a deeply sensitive area of law that requires careful, compassionate guidance.
This information is for educational purposes only and does not constitute legal advice. Availability varies by state and case type.
8
Immediate steps
20
Evidence items
Common injuries
Traumatic Brain Injury (fatal), Spinal Injuries (fatal), Internal Injuries (fatal)
Common Causes
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are among the most common causes of wrongful death claims.
Workplace Accidents
Fatal construction site accidents, industrial accidents, and workplace violence can give rise to wrongful death claims alongside workers' compensation.
Medical Malpractice
Deaths caused by healthcare provider negligence — including surgical errors, misdiagnosis, and medication errors — may support wrongful death claims.
Premises Liability
Fatal slip and fall accidents, drownings, and other property-related deaths due to a property owner's negligence.
Defective Products
Deaths caused by defective vehicles, consumer products, pharmaceuticals, or medical devices.
Criminal Acts
A wrongful death civil claim can be filed even if criminal charges are also pursued. The standards of proof differ.
Likely Injuries
These types of accidents are frequently associated with the following injuries. Select an injury to learn more.
What To Do Immediately
- 1
Focus on your family's immediate needs first
CriticalThere is no single right way to respond in the immediate aftermath of losing a loved one. Take care of yourselves and your family before any legal steps.
- 2
Preserve all potential evidence
ImportantIf possible, photograph the scene or preserve any physical evidence related to the death. Evidence lost early can be difficult to reconstruct.
- 3
Request the official death certificate
ImportantThe death certificate is essential documentation for any legal claim and estate matters.
- 4
Request a copy of any incident or accident report
ImportantPolice reports, employer incident reports, and hospital records document the circumstances of the death.
- 5
Identify and preserve financial records
HelpfulEmployment records, income documentation, and financial statements establish the economic damages claimable in a wrongful death case.
- 6
Consult with a personal injury attorney early
CriticalWrongful death claims involve complex legal standing rules, shorter deadlines in some cases, and coordination with estates. Early consultation is strongly advisable.
- 7
Avoid signing anything from an insurer without legal advice
CriticalInsurers may approach surviving family members quickly. Do not sign releases, accept settlements, or give recorded statements without consulting an attorney.
- 8
Coordinate with the estate
HelpfulSome wrongful death damages flow through the estate. Understanding how your state's laws coordinate estate and survivor claims is important.
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Evidence Checklist
Check off items as you collect them. Critical items should be gathered as soon as possible after the accident.
Official Records
CriticalScene and Liability Evidence
CriticalFinancial and Economic Records
ImportantRelationship Documentation
ImportantCommunications
HelpfulTimeline Risks
Key deadlines and time-sensitive actions. Missing these windows can significantly affect your options.
- 1
Within 30 Days
Insurers may approach family members
Do not sign any releases or accept any settlements without consulting an attorney. Early settlements in wrongful death cases are typically far below the full value of the claim.
- 2
Within 6 Months (Government Defendants)
Government entity claim notice deadline
If a government entity, employee, or vehicle caused the death, California and Arizona have 6-month notice-of-claim requirements. This is a hard deadline.
- 3
2 Years (California)
Statute of limitations for wrongful death claims
California's wrongful death statute of limitations is 2 years from the date of death. Missing this deadline typically bars the claim.
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2 Years (Arizona)
Statute of limitations for wrongful death claims
Arizona also has a 2-year wrongful death statute of limitations. Consult an attorney promptly to protect the family's rights.
Insurance Issues to Know About
Who can file a wrongful death claim
In California, a wrongful death claim may be brought by the surviving spouse, domestic partner, children, or — if none — those who would inherit under intestate succession. In Arizona, similar rules apply. The specifics matter for who receives what.
Survival claims vs. wrongful death claims
California allows both a wrongful death claim (for survivors' losses) and a survival action (for the deceased's own pain and suffering and economic losses before death). These are separate and can be pursued together.
Estate coordination
Survival claims flow through the deceased's estate. If you are a surviving family member but not the estate representative, coordination is required.
Workers' comp and wrongful death
If the death occurred at work, workers' compensation death benefits may be available to dependents. Third-party wrongful death claims may also be available alongside or instead of workers' comp, depending on circumstances.
When You May Benefit From Speaking With a Lawyer
You are not required to hire an attorney. But in some situations, speaking with a lawyer experienced in personal injury matters can help protect your options. This is educational information, not legal advice.
- A family member died as a result of another party's negligence or wrongful act
- An insurer has contacted surviving family members with a settlement offer
- The death occurred due to a workplace accident, defective product, or medical error
- A government entity may have been involved
- You are unsure who has legal standing to file a claim
- You need guidance on coordinating a wrongful death claim with the estate
State-Specific Notes
California
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — you can recover even if partially at fault, reduced by your percentage
- Insurance minimum: $30,000/$60,000/$15,000
Arizona
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — your recovery is reduced by your share of fault
- Insurance minimum: $25,000/$50,000/$15,000
Laws vary by state and are subject to change. The above is general educational information only and may not reflect recent legislative changes. Consult a licensed attorney in your state for advice specific to your situation.