CATASTROPHIC INJURY AND WRONGFUL DEATH

Wrongful Death and Serious Injury Lawyers in Los Angeles

When someone else’s negligence takes a loved one or changes your life, you deserve answers and accountability. We help families in Whittier and throughout Los Angeles County.

Free, Confidential Consultation · (562) 692-7000

Losing a loved one suddenly is one of the hardest things a family can face. When that loss was caused by a careless driver, an unsafe property, a dangerous product or a company that cut corners, California law gives families the right to hold the responsible party accountable.

The Law Offices of Omar Gastelum and Associates guides families through wrongful death and serious injury claims with care and determination. Since 2003, our firm has handled complex, high-stakes matters for clients across Los Angeles County. We investigate each case thoroughly, keep you informed and stay with your family from the first conversation until your case is resolved.

Key Takeaways

• A wrongful death claim allows certain family members to seek compensation when a loved one dies because of someone else’s wrongful act or negligence.
• A surviving spouse, registered domestic partner and children generally have the first right to file. Parents and other relatives may file in certain situations (Code of Civil Procedure section 377.60).
• Most claims must be filed within two years of the death. Claims against a government agency generally require a written claim within six months.
• Compensation can include lost financial support, funeral costs and the loss of love and companionship.
• Your consultation is free and confidential, and there is no attorney’s fee unless we recover compensation for you.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by family members when a person dies because of another person’s or company’s wrongful act or negligence. It seeks compensation for the family’s own losses. It is separate from any criminal case, and it can move forward even if no one is charged with a crime.

Who Can File a Wrongful Death Lawsuit in California?

California Code of Civil Procedure section 377.60 identifies who may file. A surviving spouse, registered domestic partner and children have the first right to file. Other relatives may have standing depending on the family’s circumstances:

A personal representative of the estate can also file on the family’s behalf. Generally, all eligible family members must bring their claims together in a single lawsuit, so it is important to speak with a lawyer early about who should be included.

Common Causes of Wrongful Death and Serious Injury

• Car, truck, motorcycle, bicycle and pedestrian accidents
• Unsafe property conditions and inadequate security
• Fires, explosions and toxic exposure
• Dangerous or defective products
• Workplace incidents involving someone other than the employer
• Medical negligence
• Abuse or neglect in a care facility or institution

How Much Is a Wrongful Death Case Worth?

There is no standard value. Each case depends on the person’s age, health, income and role in the family, and on the circumstances of the death. In California, a wrongful death claim can recover:

• Economic losses: the financial support the person would have provided, the value of household services, and funeral and burial costs.
• Non-economic losses: the loss of love, companionship, comfort, care, guidance and moral support.

Punitive damages are generally not available in the wrongful death claim itself. They may be available in a related survival action when the defendant acted with malice, oppression or fraud, and in a wrongful death claim when the death resulted from a homicide for which the defendant was convicted of a felony. In medical negligence cases, California law places a limit on non-economic damages, which increases each year.

What Is the Difference Between Wrongful Death and a Survival Action?

A wrongful death claim compensates family members for their own losses. A survival action is brought on behalf of the estate for losses the person suffered before death, such as medical bills and lost wages. For survival actions filed on or after January 1, 2026, California law generally no longer allows recovery for the person’s own pain and suffering before death (Code of Civil Procedure section 377.34). Claims involving elder or dependent adult abuse follow different rules. The two claims are often filed together.

How Long Do I Have to File a Wrongful Death Lawsuit in California?

In most cases, a wrongful death lawsuit must be filed within two years of the date of death (Code of Civil Procedure section 335.1). Some cases have shorter or different deadlines:

• Claims against a government agency, such as a city, county or school district: a written government claim generally must be filed within six months (Government Code section 911.2). If the agency rejects the claim, the lawsuit generally must be filed within six months after the written notice of rejection.
• Medical negligence: generally three years from the injury or one year from when the family discovered, or should have discovered, the negligence, whichever comes first (Code of Civil Procedure section 340.5).
• Survival actions: if the person died before their own deadline to sue had passed, the estate generally has until the later of six months after the death or the original deadline (Code of Civil Procedure section 366.1).

Evidence such as video, vehicle data and witness memories can be lost over time. Speaking with an attorney soon helps protect your family’s options and confirm which deadlines apply.

What If My Loved One Was Partly at Fault?

You may still have a case. California follows a “comparative fault” rule, which means compensation is reduced by the person’s share of responsibility but not eliminated. For example, if a jury finds the person was 20% at fault, the family can still recover 80% of its damages.

Serious Personal Injury Claims

Not every life-changing accident ends in a death. If you or a loved one suffered a serious injury, such as a brain or spinal cord injury, severe burns, an amputation or a long-term disability, you may be able to recover compensation for:

• Past and future medical care and rehabilitation
• Lost wages and loss of earning capacity
• Home modifications and in-home care
• Pain, suffering and emotional distress

Most personal injury claims in California must also be filed within two years of the injury (Code of Civil Procedure section 335.1). Different rules can apply when the injured person is a minor or when a government agency is involved.

Our Approach to Wrongful Death and Injury Cases

We take a personal, client-centered approach. We give your family room to grieve and recover while we handle the investigation, the insurance companies and the court deadlines. We explain each step in plain language, in English or Spanish, and we can meet in person, by phone or by Zoom.

When a case calls for it, we work with accident reconstruction experts, medical specialists and economists to document the full impact of your loss.

Why Choose Us?

• Experienced attorneys: Since 2003, our firm has handled complex, high-stakes matters, including claims against large institutions and public entities. Our work includes a $122.5 million settlement with the City of Santa Monica.
• Compassionate support: We listen first, and we never rush or pressure your family.
• Dedicated advocacy: We stand up against larger, well-funded opponents and their insurers.
• Comprehensive resources: We bring in the experts your case needs.

Prior results do not guarantee a similar outcome.

How We Can Help

Thorough Case Investigation

We review police reports, medical records and the scene to understand what happened.

Gathering Evidence

We work to secure photos, video, witness statements and expert opinions before they are lost.

Documenting the Full Extent of Your Losses

We identify and calculate your family’s losses, both now and in the future.

Representation Through Resolution and Appeal

We stay with your family through settlement or trial, and through any appeal.

Learn more about our civil litigation practice

Frequently Asked Questions About Wrongful Death Claims

Can parents sue for the wrongful death of an adult child?

Often, yes. Parents can generally file if their adult child left no children or other descendants, even if the child was married. Parents can also file if they depended on the child for financial support. A lawyer can review your family’s situation.

Can siblings file a wrongful death claim?

Only in limited situations. Siblings can generally file only if the person who died left no children or other descendants and no surviving parents, because siblings would then be among those who inherit under California law.

Does a criminal case affect a wrongful death lawsuit?

A civil case can move forward whether or not anyone is charged or convicted. The civil case uses a lower standard of proof than a criminal case, so a family may be able to recover compensation even if there is no criminal conviction.

How long does a wrongful death lawsuit take?

There is no standard timeline. Some claims resolve within months, while others, especially those that go to trial, can take several years. The length depends on the evidence, the number of defendants and whether the case settles. We will give you a realistic sense of the timeline for your case.

Who receives the money in a wrongful death case?

The family members who bring the case share the recovery. If they cannot agree on how to divide it, the court decides based on each person’s losses.

Is a wrongful death settlement taxable?

In general, compensation for a death or physical injury is not taxed as income, but some parts of an award, such as punitive damages or interest, can be. A tax professional can advise you about your situation.

What if the death happened at work?

Workers’ compensation usually covers on-the-job deaths and generally limits claims against the employer. Families may also have a wrongful death claim against a third party, such as a contractor, property owner or equipment maker.

How much does it cost to hire a wrongful death lawyer?

Your consultation is free and confidential. We handle these cases on a contingency basis, which means there is no attorney’s fee unless we recover compensation for you. Before you decide whether to move forward, we will explain in writing how attorney’s fees and case costs are handled.

Do you speak Spanish?

Yes. Hablamos español. We can meet with you in person at our office, by phone or by Zoom.

Set Up a Consultation Today

You do not have to face this alone. Contact us to schedule a free, confidential consultation and learn about your family’s options. There is no attorney’s fee unless we recover compensation for you. Se habla español.

Call (562) 692-7000 · Email info@gastelumlaw.com · Zoom consultations available

13305 Penn Street, Suite 150, Whittier, CA 90602

Contact The Law Offices of Omar Gastelum and Associates

Attorney advertising. Prior results do not guarantee a similar outcome. This page provides general information and is not legal advice.