Can I still file a wrongful death claim in San Gabriel if my loved one was partly at fault?
Yes, you can still file a wrongful death claim in San Gabriel even if your loved one was partly at fault for the incident that led to their death. California follows a pure comparative negligence rule, meaning that a plaintiff can recover damages even if they were mostly at fault, though the amount of compensation is reduced by their percentage of fault. For example, if a jury finds your loved one was 20% responsible for the accident, any damages awarded will be reduced by 20%.
California Civil Code § 1714(a) establishes a general duty of care, meaning everyone is responsible for injuries caused by their lack of ordinary care. This rule applies to wrongful death claims, which seek compensation for the financial and emotional losses suffered by surviving family members after a fatal incident in San Gabriel.
Where do you file a wrongful death lawsuit in San Gabriel?
A wrongful death lawsuit for an incident in San Gabriel is generally filed in the Superior Court of California, County of Los Angeles. Under Local Rule 2.3 of the Los Angeles Superior Court and a General Order effective May 17, 2024, personal injury cases, including wrongful death claims, are filed in the judicial district where the incident occurred. For San Gabriel, this means the case will be assigned to the Northeast District and heard at the Pasadena Courthouse, located at 300 E Walnut St, Pasadena, CA 91101.
What should you do after a loved one's wrongful death in San Gabriel?
-
Secure the scene and gather information: If the incident just occurred, ensure safety and call emergency services. Collect any available information, such as names and contact details of witnesses, photos of the scene, and details of any involved vehicles or parties. This early evidence is often critical.
-
Seek legal guidance: A wrongful death claim involves complex legal and factual issues. Speaking with an attorney quickly helps protect your rights and preserves evidence. The specific facts of what happened determine what types of claims you can make and against whom.
-
Preserve evidence: Avoid disposing of any items related to the incident, such as clothing, personal devices, or vehicle parts. Do not speak with insurance adjusters or sign any documents without first consulting an attorney. Adjusters represent the insurance company, not your family.
-
Understand deadlines: California law sets strict deadlines for filing wrongful death claims. Most claims must be filed within two years from the date of death under California Code of Civil Procedure § 335.1. If a government entity is involved, such as the City of San Gabriel, you must present a claim to that entity within six months under California Government Code § 911.2. Missing these deadlines can prevent you from seeking compensation.
How long do you have to file a wrongful death claim in San Gabriel?
Most wrongful death claims in San Gabriel must be filed within two years from the date of the death, as stated in California Code of Civil Procedure § 335.1. However, if the death was caused by a public entity, such as a city, county, or state agency, you have a much shorter deadline to present a formal claim: six months from the date of death, according to California Government Code § 911.2. It is important to confirm the applicable deadline with an attorney, as exceptions exist.
If your claim proceeds, California law allows recovery for several types of damages. These include economic losses like lost financial support, lost household services, funeral and burial expenses. Non-economic damages, such as loss of companionship, comfort, care, affection, and guidance, are also available under California Code of Civil Procedure § 377.61. For actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 does not allow recovery for the decedent's pain, suffering, or disfigurement, focusing instead on economic losses the decedent sustained before death and punitive damages the decedent could have recovered.
What kinds of wrongful death cases do San Gabriel attorneys handle?
Wrongful death attorneys in San Gabriel handle cases where a person's death results from someone else's negligence, recklessness, or intentional act. This includes a wide range of tragic incidents. For example, deaths resulting from car accidents, including those caused by a distracted driver on Mission Drive or by a speeding driver on Del Mar Avenue. It also covers deaths from truck accidents on nearby freeways like the I-10 or 605, or motorcycle accidents.
Other cases involve deaths due to medical malpractice, where a healthcare provider's error leads to a fatality. Premises liability cases, where dangerous conditions on someone else's property cause a death, like a fatal fall at a commercial property or apartment complex in San Gabriel, are also covered. Workplace accidents and incidents involving defective products can also result in wrongful death claims. While a personal injury attorney in San Gabriel can assist with many types of injury claims, wrongful death cases require specific legal knowledge.
What does working with Casa Legal Los Angeles involve?
When you choose Casa Legal Los Angeles for your wrongful death claim in San Gabriel, our primary goal is to provide clear communication and focused representation. We start by listening to your story and understanding the impact your loved one's death has had on your family. We then investigate the circumstances of the death, gathering evidence, interviewing witnesses, and consulting with experts to build your case.
Our firm handles all legal aspects of your claim, from filing necessary paperwork with the Los Angeles Superior Court to negotiating with insurance companies and, if needed, representing you in court. We pursue the full compensation available under California law for your family's losses. Our approach is always client-centered; we explain each step and ensure you understand your options. You can learn more about how we assist families across the region, such as those seeking a wrongful death lawyer in Anaheim or Cerritos. We also represent individuals who have suffered traumatic brain injuries in San Gabriel.
Frequently Asked Questions
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim in San Gabriel seeks to compensate the surviving family members for their losses caused by the death of a loved one. These losses include things like financial support, lost companionship, and funeral expenses. A survival action, however, is brought by the estate of the deceased person and seeks to recover damages that the deceased person themselves would have been able to claim had they lived, such as medical expenses incurred before death or property damage. For survival actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 specifies that damages for the decedent's pain, suffering, or disfigurement are not recoverable.
Can I file a wrongful death claim if the person who caused the death was not charged with a crime?
Yes, you can file a wrongful death claim in San Gabriel even if the responsible party was not charged with a crime or was acquitted. Wrongful death cases are civil matters, not criminal. The standard of proof in a civil case is lower than in a criminal case; it only requires "preponderance of the evidence" (more likely than not) rather than "beyond a reasonable doubt." So, even if the state's criminal case did not proceed, you may still have a strong civil claim for wrongful death.
Who can file a wrongful death claim in San Gabriel?
In San Gabriel, those who can file a wrongful death claim are generally limited to the decedent's surviving spouse, domestic partner, and children. If there are no such individuals, the claim can be brought by those who would be entitled to the property of the decedent by intestate succession. Additionally, dependent putative spouses, stepchildren, and parents may have standing, as well as a minor who resided in the decedent's household for at least 180 days and was dependent on the decedent for at least half of their support, as defined by California Code of Civil Procedure § 377.60.
What if the death happened on public property in San Gabriel?
If the wrongful death occurred on public property in San Gabriel, such as a city park, a public road, or a government building, a claim against the responsible public entity must be presented within six months of the date of death. This is a strict deadline under California Government Code § 911.2. The claim must also establish that a dangerous condition on the public property caused the death, and that the entity had notice of this condition. These cases can be more complex due to specific governmental immunities and procedural rules, which is why working with an experienced Los Angeles wrongful death attorney is important.
When you have experienced the profound loss of a loved one due to someone else's negligence in San Gabriel, Casa Legal Los Angeles is here to help. Contact us today at 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.