Santa Monica Wrongful Death Lawyer

When someone dies because of another person’s carelessness or wrongful conduct, California law may allow certain family members to bring a civil claim for what they’ve lost. As a Santa Monica personal injury lawyer, the Law Offices of Adrianos Facchetti helps families after fatal accidents in Santa Monica understand who may file, what the claim may cover, and what deadlines apply.

A wrongful death claim may include funeral costs, lost financial support, and the loss of a loved one’s care and companionship. Most claims generally must be filed within two years, and some much sooner. Evidence can also disappear long before any deadline, so it helps to have the facts reviewed early.

Who Can File a Wrongful Death Claim in California?

Not all members of a deceased’s family are entitled to make a wrongful death claim. According to Code of Civil Procedure § 377.60, those people who are allowed to file a case are the following:

• Spouse/Domestic Partner: A person who was legally married or registered as a domestic partner of the deceased.
• Children: Offspring of the deceased or the offspring of one of his/her children (who died).
• Additional Heirs: Where there are no surviving spouse, partner, or children, persons who have the right to inherit according to California’s rules of intestate succession law, e.g., parents, brothers, or sisters.
• Dependents: In certain situations, putative spouse, stepchildren, parents who were financially dependent on the deceased, or minors who lived with the deceased during the last 180 days and who were financially dependent on the deceased to at least half of their financial needs.

For most cases in California, it is expected that family members that qualify for joining the lawsuit do so in one suit and not separate suits. This becomes even harder considering the fact that sometimes there are blended families, divorces, and quarrels among family members.

What Can Cause a Wrongful Death Claim in Santa Monica?

Not every death leads to a claim. The key question is whether someone’s negligence, recklessness, or wrongful act caused it.

Santa Monica’s mix of beach traffic on Pacific Coast Highway, freeway access from Interstate 10, busy corridors like Lincoln, Wilshire, and Santa Monica Boulevards, and crowds around Downtown Santa Monica and the Third Street Promenade creates real risk for drivers and people on foot. Fatal claims often involve:

• Fatal Car Accidents: Distracted driving, speeding, drunk driving, unsafe turns, or reckless driving. If the death followed a serious crash, a Santa Monica Car Accident Lawyer can examine the collision evidence, driver conduct, and insurance coverage.
• Motorcycle, Bicycle, and Pedestrian Accidents: Crashes at crosswalks, intersections, and busy streets where people walk and ride.
• Commercial Vehicle or Rideshare Crashes: Delivery vans, work trucks, or Uber and Lyft drivers, where employer or app-based insurance may apply.
• Public Transit Crashes: Claims involving a Big Blue Bus or other public vehicle follow special government claim rules. A Santa Monica Bus Accident Lawyer can explain those deadlines.
• Unsafe Property Conditions: Dangerous premises or, in some situations, inadequate security.
• Medical Malpractice: Fatal harm from surgical mistakes, misdiagnosis, delayed diagnosis, or other negligent care.
• Construction or Workplace Incidents: Families may have workers’ compensation death benefits and, in some cases, a separate claim against another company.
• Defective Products: Unsafe vehicles, tires, equipment, or consumer products.

Evidence That Can Help Prove a Wrongful Death Claim

These claims depend on showing what happened and what the loss means for the family. Useful evidence may include:

• Crash Evidence: Police and incident reports, traffic camera and dashcam footage, photos, and vehicle damage.
• Surveillance Video: Footage from businesses, hotels, or apartment buildings near the scene.
• Witness Evidence: Names and statements from people who saw what happened.
• Medical and Death Records: Hospital records, the death certificate, and coroner records where appropriate.
• Financial Records: Pay stubs, tax returns, and records of support the person provided to the family.
• Property or Maintenance Records: Inspection logs, repair history, and security records when a dangerous condition is involved.
• Insurance Correspondence: Letters, emails, and notes from adjuster calls.
• Expert Review: Accident reconstruction, medical review, or economic analysis when the facts are disputed.

Some of this disappears quickly. Business videos in busy areas are often recorded over within days, vehicles get repaired or salvaged, and witnesses become harder to reach. Asking for evidence to be preserved early can make a real difference.

What Compensation May Be Available in a California Wrongful Death Case?

Damages that are appropriate in the circumstances are recoverable in California. In general, these will relate to the financial losses experienced by the family members. They include the following:

• Funeral and Burial Expenses: The costs of the funeral and burial.
• Past Financial Support: Income or support that would have been earned and paid to the family.
• Loss of Services Around the Home: Assistance with housekeeping, childcare, running errands, and similar services.
• Loss of Gifts or Benefits: Gifts or benefits expected from the person who died.
• Loss of Companionship and Society: Loss of love, affection, companionship, comfort, guidance, and other intangible losses of society.

An exact value cannot be guaranteed. Damages vary based on the circumstances and the insurance coverage that is available.

There are some losses that should not be included in the wrongful death action. The deceased’s medical expenses incurred prior to death, for example, are not appropriate in a wrongful death case.

Wrongful Death vs. Survival Action in California

There can be two separate lawsuits based on a single incident causing someone’s death:

• Wrongful Death Lawsuit: This lawsuit is filed by qualified persons on their own behalf because of losses they suffered, including loss of support, consortium, and burial expenses.
• Survival Action: This action is filed on behalf of the decedent’s estate under Section 377.30 of the Code of Civil Procedure. The survival action is a transfer of some of the claims that the deceased individual would have had if he/she were still alive.

There are distinctions between the actions in terms of whom they are filed by and what they encompass. Whether one or both apply depends on the facts of each case.

California Deadline for Filing a Wrongful Death Claim

Deadlines vary for wrongful death cases in California depending on the entity that could be responsible and the manner of the death. These deadlines are:

• General Deadline: The vast majority of California wrongful death lawsuits are supposed to be filed within two years from the date of the death according to Code of Civil Procedure § 335.1, except when it doesn’t apply.
• Public Entity Actions: A notice of claim should be served on a city-owned car, public property, and any other public body within six months.
• Medical Malpractice Concerns: In case there are medical concerns, the deadlines can differ and become shorter.

A missed deadline can end up being costly for you. Facts disappear much faster than time, and an early review of your case can preserve your rights and evidence.

How We Investigate a Wrongful Death Case

Every wrongful death case starts with understanding what happened and who may be responsible. When a family reaches out, our work usually includes:

• Identify the Liable Parties: Determining whose conduct may have caused the death, including drivers, employers, property owners, medical providers, or manufacturers.
• Preserve Evidence: Requesting video, records, physical evidence, and witness information before it’s lost.
• Confirm Who Can File: Identifying every eligible family member so the claim is brought correctly.
• Review Insurance Coverage: Looking at personal, commercial, business, and property policies that may apply.
• Document Family Losses: Gathering financial, household, and family support information.
• Work With Specialists: Bringing in reconstruction, medical, or economic professionals when needed.
• Handle Insurance Communications: Responding to adjusters and settlement discussions so the family doesn’t have to.
• Prepare for Litigation: Building the case for court if liability or damages are disputed.

Not every case follows the same path, and the steps depend on the facts. Our goal is to give your family clear information at each stage so you can make decisions with confidence while we handle the legal work.

Case Review for Free With Santa Monica Wrongful Death Attorney

If you’re prepared to talk, then some useful information would include knowing the date and time of death, as well as the cause of death. Useful information also would include any reports that may exist, such as police reports, medical reports, accident reports, reports from the place of work, or the like. Also useful would be knowing whether the insurance company has reached out to your family and your relationship to the deceased individual. If you do not have this information at hand, it is alright since we will assist you in obtaining the necessary information.

Our firm, The Law Offices of Adrianos Facchetti, provides free consultation services 24/7 for families residing in Santa Monica and throughout the Los Angeles County. We represent wrongful death cases on a contingency fee basis where there is no attorney fee upfront and no fee unless there is a recovery of compensation.

Reviewed by Adrianos Facchetti, Esq. California State Bar No. 243213. This page was reviewed for California wrongful death law accuracy, legal clarity, and usefulness for families dealing with fatal accidents in Santa Monica. You can verify Adrianos Facchetti’s license through the California State Bar attorney search.