A wrongful death claim is a civil lawsuit brought by surviving family members when someone dies due to the negligence, recklessness, or intentional misconduct of another party. It is separate from any criminal case — a defendant can face both criminal prosecution and a civil wrongful death claim for the same act. Under California law (CCP § 377.60), the claim belongs to the surviving family, not the estate, and is designed to compensate them for what they have lost: financial support, companionship, guidance, and more.

Nothing upfront. Checkmate Law works on a contingency fee basis, meaning you pay no legal fees unless we recover compensation for you. The fee comes as a percentage of your settlement or verdict — only after you win. There is no financial risk to consulting us or retaining us.

The statute of limitations for a wrongful death claim in California is two years from the date of death under CCP § 335.1. This clock runs from the date of death, not the date of the underlying accident, which may have occurred earlier. Exceptions apply: if a government entity is involved, your family may need to file a formal government tort claim within six months. Missing this shorter deadline can permanently bar your claim. Do not wait.

Filing a wrongful death claim begins with confirming standing, then gathering evidence to establish the defendant’s negligence and the full extent of your family’s damages. Once the case is built, a formal complaint is filed in the appropriate California court. The defendant is served and has an opportunity to respond. The case then proceeds through discovery (e.g. depositions, document production, expert reports) before reaching settlement negotiations or trial. Most cases resolve before trial. Checkmate Law manages every step of this process; your family’s role is to stay informed and make decisions on major milestones.

No attorney can ethically promise a specific outcome. The value of a wrongful death case depends on the deceased’s age and earning capacity, the financial dependence of surviving family members, the circumstances of the death, and the degree of the defendant’s fault. Cases involving young earners, multiple dependents, or egregious conduct — such as DUI or willful negligence — tend to carry higher values. The only way to get an accurate picture is a thorough case evaluation by an attorney who reviews your specific facts.

These are two distinct claims that often arise from the same death. A wrongful death claim (CCP § 377.60) belongs to the surviving family members and compensates them for their own losses such as lost support, lost companionship, and funeral costs. A survival action (CCP § 377.30) belongs to the deceased’s estate and covers damages the deceased could have recovered had they survived — including pre-death medical expenses, lost wages between the injury and death, and pre-death pain and suffering. Both claims can be filed together. Shayan evaluates both in every case to ensure your family recovers the maximum available under California law.

Yes. A civil wrongful death claim and a criminal prosecution are separate proceedings with different standards of proof. The criminal case requires guilt beyond a reasonable doubt; the civil case requires only a preponderance of the evidence. This means it is more likely than not that the defendant caused the death. This lower standard means families can and do prevail in civil court even when criminal charges are reduced, dismissed, or result in acquittal. The two cases proceed independently.

Nothing upfront. Checkmate Law works on a contingency fee basis — you pay no legal fees unless we recover compensation for your family. The fee comes as a percentage of the settlement or verdict, only after you win. There is no financial risk to consulting us, retaining us, or taking your case all the way to trial.