Wrongful death

Wrongful Death Damages In A California Accident

In the tragic event that you’ve lost a loved one in an accident involving a big rig, you may be entitled to any of the following damages in a truck accident wrongful death claim:

Economic damages in California can include (not an exhaustive list):

  • Funeral and burial expenses
  • Medical bills
  • Any financial support the deceased would have contributed to the family during their lifetime (with awards of any future support reduced to present cash value)
  • Loss of gifts or benefits that the family member would have expected to receive from the decedent
  • The reasonable dollar amount of household services that the decedent would have provided

Non-economic damages in California can include (not an exhaustive list):

  • Loss of “love, companionship, comfort, care, assistance, protection, affection, society, and moral support”
  • Loss of training and guidance, marital consortium (enjoyment of intimacy), etc.

Proving non-economic wrongful death damages can be difficult without the assistance of an experienced personal injury attorney. You will need to put together evidence to show that love, companionship, and other elements of a healthy relationship existed.

Who Can File A Wrongful Death Claim In California?

California Code of Civil Procedure, section 377.60 establishes which family members or their personal representatives can bring a lawsuit for wrongful death in state civil court:

  • Surviving spouses
  • Domestic partners
  • Children (biological and adopted children)
  • The surviving heirs of deceased children (grandchildren)
  • Any minor (such as stepchildren) who relied on the deceased for at least half of their financial support
  • Anyone who would be entitled to the property of the decedent by intestate succession pursuant to California Probate Code, sections 6400-6455.


As with other accident cases, to succeed on a wrongful death claim, you have to prove that the death was caused by the negligent actions of the other person involved in the accident. After a loved one passes away, the last thing you want is to deal with a complex legal battle. You should contact ANTN Law APC to handle your battle for you.

Call us or fill out the form  to get a free consultation with one of our knowledgeable California personal injury and wrongful death attorneys. We will help you in protecting your rights and holding negligent parties responsible for their actions.

wrongful death