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Can I still file a wrongful death claim in Lancaster if the deceased was partly at fault?
Yes, California law allows for recovery in wrongful death claims even if the person who passed away shared some responsibility for the incident. California follows a pure comparative negligence rule, which means any compensation awarded will be reduced by the percentage of fault assigned to the deceased. For example, if the court finds the total harm caused was $1,000,000 and the deceased was 30% at fault, the survivors would still recover $700,000. This system allows for recovery even if the deceased was largely at fault.
Wrongful death claims seek compensation for the losses suffered by surviving family members after a loved one's death due to another party's negligence or wrongful act. These claims are distinct from survival actions, which recover losses the deceased sustained before death. While the decedent's pain and suffering are generally not recoverable in survival actions filed on or after January 1, 2026, under California Code of Civil Procedure § 377.34, wrongful death claims focus on the economic and non-economic harm to the survivors.
Where does a wrongful death claim from Lancaster get filed?
A wrongful death claim arising from an incident in Lancaster is filed in the Superior Court of California, County of Los Angeles. Specifically, the case will go to the Michael D. Antonovich Antelope Valley Courthouse located at 42011 4th St West, Lancaster, CA 93534. In Los Angeles County, a personal injury case, which includes wrongful death, is filed in the judicial district where the incident happened and is assigned to that district's Personal Injury Hub department. This process is governed by Los Angeles Superior Court Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases.
What should I do after a wrongful death incident in Lancaster?
After losing a loved one due to someone else's actions, taking specific steps can help protect a future claim.
Gather documentation. Collect all available documents related to the incident and the deceased, such as accident reports, medical records, death certificates, and any evidence from the scene.
Avoid speaking with insurance adjusters. Insurance companies for the at-fault party often try to minimize payouts. It is best not to provide statements or sign anything without consulting with an attorney.
Consult with an attorney. A lawyer specializing in wrongful death claims can explain your rights and options. Legal guidance is crucial to understanding the process and protecting your claim.
Track expenses and losses. Keep detailed records of all financial impacts, including funeral costs, burial expenses, and any lost income or support from the deceased.
Understand the deadlines. Most wrongful death claims in California must be filed within two years from the date of death, as stated in California Code of Civil Procedure § 335.1. However, if a public entity like the City of Lancaster or Los Angeles County is involved, a written claim must be presented to that entity within six months, per California Government Code § 911.2, before you can file a lawsuit.
How long do I have to file a wrongful death claim in California?
Most wrongful death claims in California must be filed within two years from the date of the death, according to California Code of Civil Procedure § 335.1. However, this deadline is much shorter if a city, county, or other public agency is involved. For claims against a public entity, you must present a formal claim within six months of the incident, as mandated by California Government Code § 911.2. Failing to meet this six-month deadline usually prevents you from filing a lawsuit later.
The law generally pauses, or "tolls," the deadline for personal injury claims while the injured person is a minor, under California Code of Civil Procedure § 352. However, this pause does not apply to the six-month deadline for claims against public entities. It is always best to confirm the specific deadlines for your unique situation with an attorney. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm.
What kinds of wrongful death cases do we handle in Lancaster?
We represent families in Lancaster who have lost loved ones due to various forms of negligence or wrongful acts. These cases often stem from incidents such as serious car accidents, where the driver's carelessness leads to fatal injuries. We also handle claims involving commercial trucks, where factors like driver fatigue, improper maintenance, or cargo violations can result in tragic outcomes. For example, a catastrophic collision on the 14 Freeway near Lancaster could give rise to a wrongful death claim.
Our work also extends to cases involving premises liability, where unsafe conditions on someone else's property cause a fatal injury. This could include slip and falls, negligent security, or other hazards. Additionally, we represent families in cases of medical malpractice, where a healthcare provider's negligence leads to a patient's death. Whether the incident occurred on a local road in Lancaster or involved a public agency, we pursue the full compensation available under California law for surviving family members. Our firm concentrates in personal injury and employment law. If you've been affected by a wrongful death, learn more about our Los Angeles wrongful death attorneys. For other severe injuries, see our page for a Lancaster traumatic brain injury attorney.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having an experienced legal team dedicated to your family's needs after a wrongful death. We start by listening to your story and understanding the unique circumstances of your loss. Our focus is on relieving the legal burden so you can concentrate on healing. We gather evidence, interview witnesses, consult with experts, and handle all communications with insurance companies. We also support families dealing with other serious incidents, such as those that might require a Lancaster car accident lawyer.
Our representation is on a contingency fee basis. This means no attorney's fees unless we win — and no case costs either. We believe everyone deserves access to justice, regardless of their financial situation. We aim to achieve the best possible outcome for your family, fighting for fair compensation for your economic and non-economic losses. We are committed to clarity and communication throughout the entire process, making sure you are informed at every step. For claims originating in nearby cities, we also serve clients in places like Cerritos and Claremont.
Frequently Asked Questions
What types of damages can be recovered in a Lancaster wrongful death claim?
In a wrongful death claim, surviving family members can seek compensation for both economic and non-economic losses. Economic damages include financial support the deceased would have provided, lost gifts and benefits, funeral and burial expenses, and the value of household services. Non-economic damages cover the loss of the deceased's love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance. California Code of Civil Procedure § 377.61 and CACI 3921 outline these recoverable damages.
How does California's comparative negligence rule affect wrongful death claims?
California operates under a pure comparative negligence system, as established in the *Li v. Yellow Cab Co.* case. This means that if the deceased person was partly at fault for the incident that led to their death, the total amount of damages awarded will be reduced by their percentage of fault. For example, if the deceased was found to be 20% responsible, the survivors would still recover 80% of the total damages. This system allows for recovery even if the deceased was largely at fault.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks to compensate the surviving family members for their losses after a loved one's death. These losses include financial support and the loss of companionship. A survival action, however, recovers damages that the deceased person sustained between the time of injury and death. For survival actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 limits recoverable damages to economic losses the deceased sustained before death, such as medical expenses and lost earnings, as well as punitive damages. Damages for the deceased's pain, suffering, or disfigurement are not recoverable in these survival actions.
Can I file a wrongful death claim if the incident happened in Lancaster but the at-fault party is a government entity?
Yes, you can file a claim against a government entity, such as the City of Lancaster or Los Angeles County. However, the deadline to do so is much shorter than for claims against private parties. You must present a formal written claim to the relevant public entity within six months of the incident, as required by California Government Code § 911.2. If this claim is rejected, you then have six months from the date of the rejection notice to file a lawsuit, per California Government Code § 945.6(a)(1).
If you are facing the loss of a loved one in Lancaster due to someone else's negligence, you do not have to face it alone. Call Casa Legal Los Angeles at 888-585-2529 for a free consultation. No attorney's fees unless we win — and no case costs either. This information is general legal information, not legal advice, and creates no attorney-client relationship. Deadlines have exceptions and must be confirmed with an attorney for your specific facts.
Review Date: 2026-08-24
Reviewer: [Attorney Name]
Serving Lancaster
Our attorneys represent clients throughout Lancaster and the greater Los Angeles area.
Where a Lancaster claim is filed
A personal injury claim arising in Lancaster is filed in Michael D. Antonovich Antelope Valley Courthouse, North District of the Superior Court of California, County of Los Angeles.
In Los Angeles County a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024).
Catchment boundaries change. Confirm the filing courthouse on the court's official locator before relying on it.
Source: Superior Court of California, County of Los Angeles — Local Rules, Chapter 2 (verified August 23, 2026).
Deadlines that apply in Lancaster
The California filing deadlines that apply to an incident in Lancaster (Los Angeles County) come from state statute, not a local rule. These are the deadlines cited most often.
2 years — personal injury lawsuit
Cal. Code Civ. Proc. § 335.1 — two years from the date of injury for most personal injury and wrongful death claims.
6 months — claim against a public entity
Cal. Gov. Code § 911.2 — a written claim must be presented to the public entity within six months for claims involving death or injury to person or personal property, before a lawsuit may be filed.
Injured minors
Cal. Code Civ. Proc. § 352 — the limitations period is generally tolled while the injured person is a minor, but the six-month government claim deadline is not tolled the same way.
This is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines change with the facts and with who the defendant is — a claim against a city, county, transit agency, or the state triggers a much shorter deadline, and delayed discovery, tolling, and other exceptions apply. Casa Legal Los Angeles is licensed to practice in California. Confirm any deadline with an attorney.
Sources: California Code of Civil Procedure § 335.1; California Government Code § 911.2 (verified August 23, 2026).