After the sudden loss of a loved one, the financial fallout can be immediate and overwhelming. Beyond the emotional devastation, families are often left facing unexpected funeral costs, lingering medical bills, and the loss of a crucial source of income. A wrongful death claim is a legal action designed to address these exact burdens. It provides a path to hold the responsible party accountable and secure the compensation your family needs for a stable future. A skilled wrongful death attorney understands that this isn’t just about money; it’s about seeking justice and ensuring your family is cared for. This guide explains the process.
Key Takeaways
- Hire an expert to handle the legal fight. A wrongful death attorney takes on the entire burden of your case—from investigating and gathering evidence to dealing with insurance companies—so your family can focus on grieving and healing.
- Don’t wait to explore your options. California law sets a strict two-year deadline to file a wrongful death claim. Contacting an attorney early ensures you don’t lose your right to seek justice and allows them to preserve critical evidence for your case.
- You don’t pay any fees unless you win. Wrongful death attorneys work on a contingency fee basis, meaning their payment is a percentage of the compensation they recover for you. This removes any upfront financial risk and allows you to secure expert representation without paying out of pocket.
What is a Wrongful Death Attorney?
When you lose a family member because of someone else’s negligence or wrongful act, a wrongful death attorney is the legal professional who steps in to represent your family. Think of them as your advocate during an unimaginably difficult time. Their entire focus is on holding the responsible party accountable and securing the financial stability your family needs to move forward.
While you focus on grieving and supporting one another, a wrongful death attorney handles the complex legal side of things. They work to recover compensation for damages like funeral and burial costs, the income your loved one would have earned, and the loss of their companionship and support. They understand that no amount of money can replace your loved one, but they also know that a successful claim can provide a sense of justice and relieve the financial burdens that often follow a sudden loss. Their role is to manage the legal process from start to finish, allowing you the space to heal.
How a Wrongful Death Attorney Can Help
A wrongful death attorney does much more than just file paperwork. They become your guide and strategist, handling every detail of your case. A dedicated lawyer will start by thoroughly investigating the incident, collecting crucial evidence, and speaking with witnesses. They often hire experts, like accident reconstruction specialists or medical professionals, to build the strongest case possible. They will also explain California’s laws in plain English, ensuring you understand your rights and options at every turn. From there, they manage all communications with insurance companies and opposing counsel, protecting you from lowball settlement offers. If you believe your loved one’s death was caused by another’s actions, it’s important to schedule a consultation with an attorney right away.
Common Types of Wrongful Death Cases
Wrongful death can result from a wide range of tragic circumstances where negligence was a factor. While every case is unique, many fall into several common categories. These incidents often involve preventable accidents that should never have happened. Some of the most frequent types of wrongful death cases we see stem from:
- Car, truck, and motorcycle accidents
- Medical malpractice or mistakes made by healthcare providers
- Workplace accidents due to unsafe conditions
- Defective products that malfunction and cause fatal injuries
- Premises liability cases, like a slip and fall on poorly maintained property
- Nursing home abuse or neglect
This is not a complete list. Any situation where a person’s death was directly caused by the wrongful act or negligence of another party could be grounds for a claim.
When Should You Hire a Wrongful Death Attorney?
Losing a loved one is an overwhelming experience, and the thought of legal action can feel like an added burden. However, if their death was caused by someone else’s carelessness, you may be entitled to compensation that can provide financial stability for your family’s future. Knowing when to contact an attorney is a critical first step. The sooner you understand your rights, the better you can protect them. An attorney can handle the legal complexities, allowing you and your family the space to grieve.
It’s completely understandable to feel unsure about when to make that call. The period after a loss is filled with emotional turmoil, and legal matters are often the last thing on your mind. But acting promptly is crucial. Evidence can disappear, witness memories can fade, and legal deadlines are strict. By speaking with a wrongful death attorney early on, you’re not committing to a lawsuit; you’re simply learning about your options. A compassionate lawyer will listen to your story, explain the process in clear terms, and help you understand what to expect. They can begin the initial investigation and preserve important evidence while you focus on your family. This proactive step ensures that when you are ready, your case is on solid ground.
Who is Eligible to File a Claim?
A common misconception is that any close friend or relative can file a wrongful death lawsuit. In reality, California law is very specific about who has the right to bring a claim. The law prioritizes the closest surviving family members. This typically includes the surviving spouse, domestic partner, and children of the deceased. If none of these individuals exist, the right may pass to others who would inherit from the estate, such as parents or siblings. The key is that only specific relatives or a personal representative of the deceased’s estate can file. An attorney can help you determine your eligibility and guide you through the process of filing a personal injury claim.
What Qualifies as a Wrongful Death Case?
Wrongful death lawsuits are complex legal matters that arise when an individual’s death is caused by another party’s negligence or intentional misconduct. Essentially, if the person who passed away could have filed a personal injury lawsuit had they survived, their eligible family members can file a wrongful death claim instead. These cases can stem from a variety of situations, including car and truck accidents, slip and fall incidents, medical malpractice, or defective products. The core of the case is proving that another party’s wrongful actions directly led to your loved one’s death, making them legally responsible for the consequences.
Why You Can’t Afford to Wait: The Statute of Limitations
One of the most critical factors in any wrongful death case is the statute of limitations, which is a strict deadline for filing a lawsuit. In California, you generally have two years from the date of the person’s death to file a claim. If you miss this deadline, the court will almost certainly refuse to hear your case, and you will lose your right to seek compensation forever. This is why it’s so important to act quickly. Building a strong case takes time—it involves gathering evidence, interviewing witnesses, and consulting experts. Contacting an attorney early ensures they have enough time to properly investigate and file your claim before the window closes. You can schedule a free consultation to discuss your case today.
How Does a Wrongful Death Attorney Build Your Case?
When you’re grieving the loss of a loved one, the thought of building a legal case can feel overwhelming. That’s where a wrongful death attorney steps in. Their job is to meticulously construct your case piece by piece, handling the complex legal work so you can focus on your family. This process involves several key stages, from the initial conversation to gathering evidence and proving fault, all designed to build the strongest possible claim for the justice and compensation your family deserves. It’s a methodical approach that turns a tragic event into a clear, compelling legal argument.
Your First Step: The Initial Consultation
Everything begins with a conversation. A wrongful death attorney will offer a free initial consultation to listen to your story and understand the circumstances of your loved one’s passing. This meeting is completely confidential and comes with no obligation. It’s a safe space for you to ask questions and get a professional opinion on whether you have a valid claim. The attorney will assess the details you provide to determine the potential for a wrongful death case. This first step is crucial for getting clarity and understanding your legal options, and you can easily schedule an appointment to begin the process.
Gathering Evidence and Investigating the Incident
Once you decide to move forward, your attorney and their team will launch a comprehensive investigation. This is the fact-finding stage where they gather all the evidence needed to build a strong foundation for your case. This can include collecting police reports, medical records, autopsy reports, and statements from any witnesses. They may also bring in experts, like accident reconstructionists or medical professionals, to provide specialized opinions. This thorough investigation into all types of personal injury accidents is essential to piecing together exactly what happened and who was responsible, creating a solid base to substantiate your claim.
Proving Negligence and Establishing Fault
To win a wrongful death case, your attorney must prove that another party’s negligence or wrongful act caused your loved one’s death. This comes down to establishing three key points: the other party had a duty to act with reasonable care, they failed to uphold that duty, and this failure directly led to the fatal incident. For example, a driver has a duty to obey traffic laws, and running a red light is a failure of that duty. It’s also important to know that fault isn’t limited to individuals. A claim can be brought against corporations, manufacturers, or even government entities.
Negotiating a Settlement vs. Going to Trial
After building the case and establishing fault, your attorney will typically enter into negotiations with the responsible party’s insurance company. The goal is to secure a fair settlement that covers your family’s financial and emotional losses without the need for a lengthy court battle. A skilled attorney will handle all communication and fight for the maximum compensation you deserve. However, if the insurance company refuses to offer a fair amount, your lawyer must be prepared to take your case to trial. These cases can take time to resolve, but a dedicated attorney will guide you through every step, whether it ends in a settlement or a courtroom verdict.
What to Look For in a Wrongful Death Attorney
Choosing an attorney to represent your family after a devastating loss is one of the most important decisions you will make. You’re not just hiring a legal expert; you’re finding a trusted advocate who will guide you through a complex and emotionally draining process. The right attorney will handle the legal burdens so you can focus on healing. While many lawyers handle personal injury accidents, wrongful death claims require a specific set of skills and a deep level of compassion.
When you begin your search, you’ll want to look for someone who combines legal strength with genuine empathy. This means finding a firm with a history of success in these specific types of cases, a thorough understanding of California law, and the ability to stand up to large insurance companies. Your attorney should be a skilled negotiator who is also prepared to fight for you in court if necessary. Just as importantly, they should be a clear and patient communicator who treats you and your family with the respect and sensitivity you deserve. This combination of experience, skill, and compassion is what sets a great wrongful death attorney apart and can make all the difference in the outcome of your case.
Proven Experience in Wrongful Death Law
When you’re looking for an attorney, prioritize those who have a proven track record specifically in wrongful death cases. This area of law is much more complex than a standard injury claim. An experienced attorney understands how to accurately calculate the full scope of your family’s losses, which includes not just medical bills and lost income, but also the loss of companionship, guidance, and support. They have seen the tactics insurance companies use to minimize payouts and know how to build a powerful case to counter them. Ask any potential attorney about their past results in cases similar to yours. Their experience will be your family’s greatest asset.
A Deep Understanding of California’s Laws
Wrongful death laws vary significantly from state to state, so it’s essential to work with an attorney who has a deep understanding of California’s specific statutes. For example, California law dictates exactly who is eligible to file a claim—typically a surviving spouse, domestic partner, or children—and what types of damages can be recovered. An attorney well-versed in state law will know the procedural requirements, filing deadlines (the statute of limitations), and how local courts tend to handle these cases. This specialized knowledge ensures your case is managed correctly from the start and positioned for the best possible outcome.
Strong Negotiation and Courtroom Skills
The ideal wrongful death attorney is both a skilled negotiator and a formidable trial lawyer. Most wrongful death cases are resolved through a settlement with the at-fault party’s insurance company. A strong negotiator can present compelling evidence and arguments to secure a fair settlement without the need for a lengthy court battle. However, if the insurance company refuses to offer a just amount, you need an attorney who is fully prepared and confident to take your case to trial. Their reputation as a successful litigator often convinces insurers to negotiate in good faith from the beginning.
A Compassionate and Clear Communicator
Losing a loved one is an incredibly painful experience, and the legal process shouldn’t add to your family’s distress. Look for an attorney who communicates with compassion, clarity, and patience. They should take the time to listen to your story, answer your questions in plain language, and keep you informed about every step of your case. You should feel like a priority, not just another case file. A compassionate attorney understands that they are fighting for a family’s future and provides the supportive guidance needed during such a difficult time. When you’re ready, you can schedule a free consultation to see if an attorney is the right fit for your family.
How Much Does a Wrongful Death Attorney Cost?
When you’re grieving the loss of a loved one, the last thing you should have to worry about is how to afford legal help. The thought of adding legal bills to your financial stress can feel overwhelming, and many families hesitate to seek justice because they think they can’t pay for a lawyer. Fortunately, that’s not how it works with wrongful death cases.
Most reputable personal injury law firms, including DC Law Group, handle these sensitive cases on a contingency fee basis. This arrangement is designed to remove the financial barriers for families seeking accountability and compensation. It means you don’t need any money upfront to hire an experienced attorney. Your focus can remain on your family while your legal team focuses on building a strong case for you. The attorney’s payment is entirely dependent on their ability to successfully recover money for you. This model ensures that everyone has access to quality legal representation, regardless of their financial situation.
Understanding the Contingency Fee Model
A contingency fee is a simple arrangement: you don’t pay any attorney fees unless your lawyer wins your case. Instead of charging an hourly rate, your attorney agrees to take a pre-determined percentage of the total compensation they recover for you, whether through a settlement or a court verdict. This percentage is clearly outlined in your client agreement before any work begins, so there are no surprises. This structure aligns your interests with your attorney’s. Since they only get paid if you do, they are fully motivated to secure the maximum possible compensation for your family. You can discuss the specifics of this arrangement during a free consultation.
What About Other Case-Related Costs?
Beyond attorney fees, every lawsuit involves other expenses needed to build a strong case. These are often called “case costs” and can include court filing fees, the cost of obtaining medical records and police reports, fees for expert witnesses (like accident reconstructionists or medical experts), and deposition costs. In most personal injury cases, your law firm will advance these costs on your behalf. This means the firm pays for everything needed to move your case forward, and you don’t have to pay anything out of pocket. These advanced costs are then typically reimbursed to the firm from the settlement or award at the end of the case.
How Legal Fees Are Handled
Here’s how it all comes together when your case is resolved. Once a settlement is reached or a verdict is won, the compensation check is sent to your law firm. From that total amount, the firm first repays itself for the case costs it covered for you. Then, it deducts its agreed-upon contingency fee percentage from the remaining balance. The rest of the money is yours. This entire process is handled transparently, and you will receive a detailed statement showing exactly how every dollar was allocated. The most important takeaway is that you will never have to pay for legal services from your own pocket. If you have any questions about this process, please get in touch with our team.
What to Expect from the Legal Process
The legal process can feel like a maze, especially when you’re grieving. Knowing what to expect can make the path forward feel a little clearer. A wrongful death claim isn’t a quick fix; it’s a structured process designed to uncover the truth and secure fair compensation for your family’s loss. It involves gathering evidence, filing official documents, and negotiating with the other side. While every case is unique, the core stages are generally the same. Your attorney will be your guide through each step, handling the legal complexities so you can focus on your family. Let’s walk through the typical timeline, the documents you’ll need, and the key phases from start to finish.
A Step-by-Step Timeline of a Wrongful Death Claim
It’s natural to wonder how long a wrongful death claim will take. The honest answer is: it varies. A straightforward case might resolve in several months, while more complex situations can take a couple of years or more to reach a conclusion. Factors like the details of the accident and the willingness of the other party to negotiate play a big role. It’s important to understand that the process is thorough for a reason. For example, a settlement isn’t legally final until a judge approves it, which ensures the distribution of funds is fair, especially when children are involved. While the timeline can feel long, each step is a necessary part of building a strong case for your family.
The Documents and Information You’ll Need
To build a successful wrongful death claim, your attorney will need to gather specific documents that tell the story of what happened. Think of these as the building blocks of your case. Key items include the official death certificate, all related medical records, and any police or incident reports. If there were witnesses, their statements are also incredibly valuable. This evidence helps your legal team establish the basis for your claim and prove the other party’s fault. Don’t worry if you don’t have everything right away; a major part of your attorney’s job is to help you collect all the necessary paperwork and information when you contact them.
Key Stages from Filing to Resolution
The journey of a wrongful death claim follows several distinct stages. It all begins with an initial consultation where you discuss the details of your case with an attorney. If you decide to move forward, your legal team will launch a thorough investigation. Once enough evidence is gathered, they will officially file the claim. From there, the negotiation phase begins, where your attorney will communicate with the opposing party to try and reach a fair settlement. Most cases are resolved at this stage. However, if a settlement can’t be reached, the case may proceed to trial. The final stage is resolution, where the settlement or court judgment is finalized and distributed.
What Kind of Compensation Can You Recover?
While no amount of money can ever make up for the loss of a loved one, the legal system provides a way to secure financial stability for your family and hold the responsible party accountable. This financial relief is known as “damages” or compensation. The goal is to cover the tangible costs your family now faces and to acknowledge the profound personal losses you’ve suffered. Understanding what you may be entitled to is a critical step in the process. Compensation in a wrongful death claim is typically broken down into two main categories: economic and non-economic damages.
Economic vs. Non-Economic Damages
Economic damages are the straightforward, calculable financial losses that result from your loved one’s death. Think of these as the expenses you can track with receipts and pay stubs. This includes any medical bills incurred before their passing, funeral and burial costs, and the loss of future income and financial support they would have provided for the family. It also covers the value of household services they performed.
Non-economic damages, on the other hand, cover the intangible, personal losses that don’t have a clear price tag. This compensation is for the human side of your loss—the pain and suffering, the loss of love, companionship, comfort, and guidance. For a child who has lost a parent, this could mean the loss of their parent’s training and advice. For a spouse, it’s the loss of their partner’s affection and intimacy. These damages are deeply personal and acknowledge the emotional toll the death has taken on your family.
Who Receives the Compensation?
In California, compensation from a wrongful death lawsuit is intended for the deceased person’s closest surviving family members who have been most affected by the loss. Typically, the primary beneficiaries are the surviving spouse, domestic partner, and children. If the deceased person did not have a spouse or children, other relatives might be eligible to file a claim, such as parents or siblings, if they can show they were financially dependent on the deceased. The law is specific about who can file, so it’s important to understand your eligibility. An attorney can help clarify who has the legal right to pursue a claim based on your family’s unique circumstances.
How Compensation Amounts Are Determined
There isn’t a simple formula for calculating the final compensation amount in a wrongful death case. Instead, several factors are carefully considered to determine a fair value. To calculate economic damages, a court will look at the deceased person’s age, health, life expectancy, and their earning capacity at the time of their death. They will also consider how financially dependent the surviving family members were. For non-economic damages, the calculation is more subjective and depends on the nature of the relationship between the deceased and the family members. The severity of the family’s emotional suffering and the loss of companionship are key considerations. Because every family’s situation is different, the total compensation can vary significantly across different personal injury cases.
Key Questions to Ask a Wrongful Death Attorney
Choosing an attorney to handle a wrongful death claim is a deeply personal decision. You’re not just hiring a legal expert; you’re finding a trusted partner to guide you through one of life’s most challenging times. The initial consultation is your opportunity to interview them and ensure they are the right fit for you and your family. Don’t be afraid to ask direct questions. A good attorney will welcome them and provide clear, honest answers. Coming prepared with a list of questions can help you feel more in control and confident in your decision.
Questions About Their Experience and Track Record
First, you need to know if the attorney has the right experience. Wrongful death law is a specialized field, and a general practice lawyer may not have the specific knowledge required. Look for a firm with a proven history of successfully handling these sensitive accident cases. You want someone who not only understands California law inside and out but also has a strong presence in local courts.
Here are a few key questions to ask:
- How many wrongful death cases has your firm handled?
- What is your success rate with cases similar to mine?
- Who in the firm will be primarily responsible for my case, and what is their experience?
- Can you describe your experience negotiating with insurance companies in these types of claims?
Questions About Fees and Costs
The cost of legal representation is a valid concern for any family, especially when dealing with financial uncertainty after the loss of a loved one. Most reputable personal injury firms work on a contingency fee basis. This means you don’t pay any attorney fees unless they win your case. The fee is a percentage of the final settlement or award. This arrangement allows families to seek justice without facing upfront costs. Be sure to get complete clarity on the financial side before signing anything.
Ask these questions to understand their fee structure:
- Do you work on a contingency fee basis?
- What percentage of the settlement or award do you take?
- Are there any other costs, like expert witness fees or court filing fees, that I would be responsible for?
- Do you offer a free initial appointment to discuss my case?
Questions About Their Process and Communication
Understanding how the law firm operates and communicates is crucial. You need an attorney who will keep you informed and be available to answer your questions throughout the process. A good lawyer will take the time to explain the legal steps, collect all necessary evidence, and build a strong case on your behalf while you focus on your family. Clear and consistent communication can make a significant difference in your experience.
Consider asking the following to set expectations:
- Who will be my main point of contact, and how often can I expect to hear from them?
- What is your preferred method of communication (phone, email, in-person)?
- Can you walk me through the typical stages of a wrongful death claim?
- What information and documents will you need from me to get started?
Common Myths About Wrongful Death Claims
When you’re grieving, the last thing you need is confusion about your legal options. Unfortunately, misinformation about wrongful death claims is common and can add to the stress. Understanding the facts helps you make clear, informed decisions for your family’s future. Let’s clear up a few common myths so you can move forward with confidence.
Myth: A Wrongful Death Claim is a Criminal Case
A major misconception is that a wrongful death claim is a criminal case. In reality, they are two separate legal processes. A wrongful death lawsuit is a civil action focused on securing financial compensation for the surviving family. It is entirely separate from any criminal charges the state might file against the responsible party. Because the standard of proof is different in civil court, it’s possible to hold someone financially accountable for a fatal accident even if they are never convicted of a crime. The outcome of one case does not determine the outcome of the other.
Myth: Only Certain Family Members Can File
Many people assume any close relative can file a wrongful death claim, but the law is specific. In California, only certain individuals are legally permitted to bring a lawsuit. This typically includes the deceased person’s surviving spouse, domestic partner, and children. If there are no survivors in this group, the right to file may pass to others who would inherit the estate, like parents or siblings. Determining who is eligible is a critical first step in the process. An attorney can clarify who has the legal standing to file on behalf of your loved one and help you get started.
Myth: The Insurance Company Wants to Help You
It’s natural to think an insurance adjuster is there to help, but it’s vital to remember that insurance companies are for-profit businesses. Their primary goal is to protect their bottom line, which means minimizing what they pay on claims. An adjuster may ask for a recorded statement to use against you later or offer a quick, low settlement before you know the full value of your claim. Having an attorney levels the playing field. We handle all communications with the insurer, protecting you from their tactics and fighting for the fair compensation your family deserves. You can schedule an appointment to have an advocate on your side.
How to Find the Right Attorney for Your Family
Finding the right legal partner while you’re grieving is an incredibly difficult task. You need someone who is not only an expert in wrongful death law but also a compassionate guide who can support your family. The goal is to find an attorney you can trust to handle the legal complexities so you can focus on healing. This means looking for a specific combination of experience, skill, and empathy.
Where to Start Your Search
When you’re ready to begin, start by looking for attorneys who specialize in wrongful death and personal injury cases. A general practice lawyer won’t have the focused knowledge these complex claims require. You can ask for recommendations from trusted friends or use online legal directories to find highly-rated local firms. It’s important to act quickly. California has a strict two-year deadline for filing a wrongful death claim, and vital evidence can disappear over time. Contacting a lawyer soon after your loss ensures your legal rights are protected and your attorney has the best chance to build a strong case.
Red Flags to Watch Out For
As you speak with potential attorneys, pay attention to how they make you feel. A major red flag is a lawyer who doesn’t seem to be listening or who dismisses your concerns. You should also be cautious of anyone who guarantees a specific outcome or pressures you to sign a contract on the spot. A competent attorney will take the time to explain the legal process, manage your expectations, and answer your questions clearly. If an office seems disorganized or communicates poorly, it’s often a sign of how they’ll handle your case. You deserve a legal team that prioritizes your family’s needs.
Making the Final Decision with Confidence
The best way to make your final choice is by scheduling free consultations. This gives you a chance to meet the attorney, share your situation, and see if you feel comfortable with them. Come prepared with questions about their experience with cases like yours and their track record. A great attorney will have a deep understanding of local laws and relationships with the local court system. Ultimately, choose the lawyer who has the right qualifications and shows genuine compassion for what your family is going through. When you’re ready, you can schedule a free consultation to find a team that will fight for you with both skill and heart.
Related Articles
- Homicide Investigation Underway After Man Fatally Shot in South LA Alley – DC Law Group, PC.
- Wrong Way Driver Kills Mother, Child, and Injures Others in Houston – DC Law Group, PC.
- Elderly Man Killed While Riding Bike in Houston – DC Law Group, PC.
Frequently Asked Questions
What if I can’t afford to hire a lawyer right now? This is a concern for almost every family, and it’s why we handle wrongful death cases on a contingency fee basis. This means you pay absolutely nothing upfront. We cover all the costs of building and pursuing your case, from filing fees to hiring experts. Our fee is a percentage of the compensation we recover for you, so we only get paid if you win. This allows your family to seek justice without any financial risk.
The person responsible wasn’t charged with a crime. Can my family still file a claim? Yes, you absolutely can. A wrongful death claim is a civil lawsuit, which is completely separate from any criminal proceedings. The goal of a civil case is to hold the responsible party financially accountable for your family’s losses. The legal standard for proving fault is different and less demanding than in a criminal trial, so it is very possible to win a civil claim even if no criminal charges were ever filed.
How long does a wrongful death case typically take to resolve? The timeline for a wrongful death case can vary quite a bit. A more straightforward case might settle in a matter of months, while a complex one could take a year or more, especially if it goes to trial. Factors like the complexity of the investigation and the willingness of the insurance company to negotiate fairly play a large role. A dedicated attorney will work to resolve your case as efficiently as possible without sacrificing the full compensation your family deserves.
What should I avoid doing after my loved one’s death to protect my case? It’s important to be careful with your words and actions. Avoid speaking with the at-fault party’s insurance adjuster or providing them with a recorded statement, as they can use your words against you. You should also refrain from posting details about the incident or your emotional state on social media. The best thing you can do is direct all communications to your attorney, who can handle these interactions on your behalf.
My loved one may have been partially at fault for the accident. Can we still file a claim? Even if your loved one shared some responsibility for the accident, you may still be able to file a claim. California follows a “comparative negligence” rule, which means your family can still recover compensation, but the final amount would be reduced by your loved one’s percentage of fault. Don’t assume you don’t have a case. It’s always best to discuss the specific details with an attorney to understand your legal options.