Can I File a Wrongful Death Lawsuit in Century City, California?
By Daniel Yesayan
A plain-English answer for Century City residents — California wrongful death law, your deadlines, and the steps to take after an injury.
Losing someone you love is devastating enough on its own. When that loss was caused by someone else's carelessness — a reckless driver, a negligent business, a defective product — the grief gets tangled up with anger, confusion, and a hundred unanswered questions. If you're reading this from Century City or anywhere nearby, trying to figure out what your family's rights are, you deserve a straight answer: yes, in California you can file a wrongful death lawsuit, and your family may be entitled to meaningful compensation for what you've lost. You don't have to have everything figured out right now. That's what we're here for.
What Is a Wrongful Death Lawsuit in California?
A wrongful death claim is a civil lawsuit filed on behalf of a deceased person's surviving family members. It's separate from any criminal case — even if someone is never charged with a crime, your family can still pursue a civil claim and win.
California's wrongful death law (California Code of Civil Procedure §377.60) allows certain family members to sue the person or entity whose negligence caused the death. This could be a driver who ran a red light, a company that made a dangerous product, a property owner who failed to fix a hazard, or a doctor who made a fatal mistake.
Who Can File a Wrongful Death Claim?
Not everyone can file — California law specifies who has standing. The people who may file include:
- A surviving spouse or domestic partner
- Surviving children
- Grandchildren, if the deceased person's children have also passed away
- Any other person who was financially dependent on the deceased, such as a putative spouse or stepchild
- Parents or siblings, if there is no surviving spouse or child
If you're not sure whether you qualify, a free consultation can clear that up quickly. The answer is usually more straightforward than people expect.
What Compensation Can Your Family Recover?
California law allows wrongful death families to recover compensation in several categories. These include:
- Financial support your loved one would have provided over their lifetime
- Loss of gifts or benefits you would have received
- Funeral and burial costs
- Reasonable value of household services the deceased would have contributed
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
There is also a separate type of claim called a "survival action" (CCP §377.30), filed on behalf of the deceased person's estate. It can recover things like medical expenses incurred before death and lost earnings the person would have earned. Both types of claims can often be filed together.
California's Wrongful Death Deadlines — Don't Miss These
This is one of the most important things to understand: California sets a strict deadline for filing a wrongful death lawsuit. You generally have two years from the date of your loved one's death to file (CCP §335.1). If that deadline passes, your family almost certainly loses the right to recover anything, no matter how strong the case is.
Two years may feel like a long time, but investigations take time. Evidence disappears. Witnesses become harder to find. Starting early protects your case.
What If a Government Entity Was Responsible?
If your loved one was killed because of the negligence of a government agency — a city vehicle, a poorly maintained public road, or a government employee — the rules are very different and much stricter. You must file a formal government tort claim within six months of the death (Government Code §911.2). Missing this window can bar your family from filing suit entirely. If there's any chance a public entity was involved, call an attorney immediately.
Common Mistakes Families Make After a Wrongful Death
Grief makes it hard to think clearly, and that's completely understandable. But some early missteps can seriously hurt a case. Here's what to avoid:
- Accepting a quick settlement from an insurance company. Early offers are almost always far less than a family deserves. Insurance adjusters move fast because they know grieving families are vulnerable.
- Posting about the case on social media. Anything you post can be used against your family.
- Waiting too long to contact an attorney. The two-year deadline sounds generous, but evidence disappears faster than most people realize.
- Assuming a criminal case covers your family. Criminal cases don't result in compensation for your family. Only a civil wrongful death lawsuit does that.
- Not documenting everything. Keep medical records, death certificates, any communications from insurance companies, and financial records showing what your loved one contributed to the household.
How California's Fault Rules Affect Your Case
California follows a rule called "pure comparative negligence." In plain terms, this means that even if your loved one was partly at fault for what happened, your family can still recover compensation. The amount is simply reduced by the percentage of fault assigned to the deceased.
For example, if a driver was mostly at fault but your loved one was found to share some responsibility, you don't automatically lose your case — you may still recover a significant portion of what you're owed. An experienced wrongful death attorney will work to minimize any fault assigned to your family member and maximize what you recover.
Insurance companies and defense attorneys will often try to pin blame on the person who died. It's a common tactic, and it's exactly why having an advocate in your corner matters.
Where Fatal Crashes and Wrongful Death Happen Most in Century City
Editor note: Verified intersection crash data for Century City has not been added to this draft yet. Add the intersection rows via CSV import or the intersection editor before publishing.
What to Do Next if You've Lost Someone in Century City
If your family is dealing with the aftermath of a wrongful death in Century City, here are the steps that matter most right now:
- Get a copy of any official reports. This includes the police report or CHP crash report (requested using Form CHP 555 if CHP responded). These documents establish the basic facts of what happened.
- Preserve evidence. Photos, videos, witness names and contact information, surveillance footage — all of this can disappear quickly. Secure anything you can access right now.
- Request the death certificate. You'll need this for both legal and insurance purposes.
- Do not give recorded statements to insurance companies. Not your loved one's insurer, not the other party's insurer. Not yet. Talk to an attorney first.
- Note the six-month deadline if a government entity may be involved. If there's any chance a public agency or employee played a role, this shorter deadline applies (Government Code §911.2).
- Gather financial records. Pay stubs, tax returns, household bills — anything that shows what your loved one financially contributed to your family helps establish the economic damages in your case.
- Contact a wrongful death attorney for a free consultation. You pay nothing unless your family wins. A lawyer can review what happened, explain your options clearly, and take the legal burden off your shoulders so you can focus on your family.
Frequently Asked Questions About Wrongful Death in Century City
How long does a wrongful death lawsuit take?
Every case is different, but most wrongful death cases in California take anywhere from one to three years from filing to resolution. Some cases settle before trial; others go further. The complexity of the case, the number of parties involved, and how hard the insurance company fights back all affect the timeline. An attorney can give you a realistic picture after reviewing your specific situation.
What if the person who caused the death didn't have insurance?
Your family still has options. California law allows families to pursue claims against underinsured or uninsured drivers through your own auto insurance policy if an uninsured motorist endorsement is in place. If a business, property owner, or third party was also at fault, they may be liable too. An attorney can identify every potential source of recovery.
Can multiple family members all file a wrongful death claim together?
Yes. In California, eligible family members typically bring one combined wrongful death lawsuit rather than separate suits. The compensation is then apportioned among the claimants based on each person's relationship with the deceased and the impact the loss had on each of them individually.
Do I have to go to court, or can this be settled?
The majority of wrongful death cases in California settle before ever reaching a courtroom. That said, having an attorney who is fully prepared to take a case to trial — and whom the other side knows will go to trial — typically results in better settlement offers. You don't have to decide that upfront; your attorney will guide you through each stage.
Is Century City considered part of Los Angeles for purposes of filing a lawsuit?
Century City is an unincorporated area within the City of Los Angeles and sits within Los Angeles County. A wrongful death lawsuit arising from an incident in Century City would generally be filed in Los Angeles County Superior Court. Your attorney handles the filing on your behalf.
What if my loved one was also partly at fault?
California's pure comparative negligence rule means your family can still recover compensation even if your loved one shared some responsibility for what happened. The total recovery is reduced by their percentage of fault, but it is not eliminated. Defense attorneys will often argue for a higher percentage of fault to reduce what they owe — an experienced attorney will counter that.
What does it cost to hire a wrongful death attorney?
Wrongful death attorneys in California typically work on a contingency fee basis, meaning you pay no upfront fees and no hourly charges. The attorney's fee comes out of the settlement or verdict at the end of the case. If your family doesn't win, you owe nothing. This makes legal representation accessible to everyone, regardless of your current financial situation.
If you've lost someone you love and you're trying to figure out where to go from here, please don't carry this alone. Call us at 888-585-2529 for a free consultation. We'll listen to what happened, answer your questions honestly, and tell you clearly what we think your family's options are. There's no pressure, no obligation — just a real conversation with people who care about getting your family the answers you deserve.