Understanding Wrongful Death Lawsuits in California

Few experiences compare to the pain of losing a loved one. The loss is even more unbearable when it happens because of someone else’s negligence, misconduct, or abuse of power. In California, these tragedies often arise from police shootings, jail neglect, vehicle accidents, or medical failures.

A wrongful death lawsuit allows surviving family members to hold responsible parties accountable, seek financial relief, and uncover the truth about what happened. But beyond compensation, these cases serve a higher purpose — to demand justice and prevent similar tragedies in the future.

At the Law Offices of Christian Contreras, PLC, we stand beside families who have lost loved ones to preventable harm. We fight not only for their rights but for lasting change.

What Is a Wrongful Death Lawsuit?

Under California law, a wrongful death occurs when a person dies as the result of another party’s negligence, recklessness, or intentional misconduct.

Common causes include:

• Police shootings or use of excessive force
• Jail or prison neglect
• Car, truck, or motorcycle accidents
• Dangerous premises or unsafe conditions
• Medical malpractice
• Workplace accidents
• Negligent supervision or failure to protect vulnerable individuals

These cases are about more than money — they are about accountability and justice.

Who Can File a Wrongful Death Claim in California?

The law specifies which family members are eligible to bring a wrongful death lawsuit. Typically, the following may file:

• Spouses or domestic partners
• Children or stepchildren
• Parents, if the deceased had no spouse or children
• Financial dependents, in some cases

Additionally, an estate representative may file a related claim known as a survival action, which seeks damages the deceased could have recovered if they had lived.

An experienced attorney like Christian Contreras can help determine who has legal standing and ensure all claims are properly filed.

The Legal Foundation: Civil Code § 377.60

California’s Code of Civil Procedure § 377.60 governs wrongful death claims. It allows families to recover damages for the losses they suffer due to their loved one’s death. These losses are both economic (financial) and non-economic (emotional and relational).

While every case is unique, the law’s purpose is universal: to hold wrongdoers accountable and provide justice to grieving families.

Damages Available in Wrongful Death Cases

Surviving family members may be entitled to recover compensation for:

• Funeral and burial expenses
• Loss of financial support the deceased would have provided
• Loss of companionship, love, guidance, and care
• Emotional distress and suffering
• Medical expenses related to the incident (in a survival claim)
• Punitive damages, in cases of extreme misconduct or abuse of authority

These damages help families rebuild their lives — and send a powerful message that negligence and indifference have consequences.

How Wrongful Death Differs from Criminal Cases

It’s important to understand that a wrongful death lawsuit is a civil case, separate from any criminal prosecution.

• In a criminal case, the government prosecutes the wrongdoer to punish them for breaking the law (through jail or fines).
• In a civil wrongful death case, the family sues for financial compensation and accountability.

Even if no criminal charges are filed — or if the defendant is acquitted — the family can still win justice in civil court, where the burden of proof is lower (“preponderance of the evidence” rather than “beyond a reasonable doubt”).

Proving a Wrongful Death Claim

To succeed in a wrongful death lawsuit, the plaintiff must prove:

1. The defendant owed a duty of care to the deceased.
2. The defendant breached that duty through negligence or misconduct.
3. The breach directly caused the death.
4. The surviving family members suffered measurable damages as a result.

In complex cases involving law enforcement, correctional facilities, or government agencies, this often requires expert witnesses, forensic evidence, and detailed investigation — the kind of work that Christian Contreras and his team handle every day.

The Role of a Civil Rights Attorney in Wrongful Death Cases

Many wrongful deaths intersect with civil rights violations — particularly when government actors are involved. For example:

• A police shooting without justification violates the Fourth Amendment.
• A jail death caused by medical neglect violates the Eighth or Fourteenth Amendment.

By filing both wrongful death and civil rights claims, families can pursue full accountability under both state and federal law. This approach often leads to greater transparency, reform, and higher recovery for victims’ families.

Christian Contreras: Proven Success in Wrongful Death Litigation

Christian Contreras is widely recognized as one of California’s top civil rights and wrongful death trial attorneys. His notable results include:

• $8,500,000 settlement in a jail death case involving neglect and misconduct.
• $3,300,000 jury verdict in another jail death case (zero pretrial offer).
• $6,000,000 verdict in a police shooting case where officials refused accountability.

These victories demonstrate not just legal skill, but an unwavering commitment to truth, justice, and reform.

As a member of the American Board of Trial Advocates (ABOTA) and a Daily Journal Top Boutique Firm honoree, Christian and his team are trusted voices in California’s legal community.

How Long Do Families Have to File a Claim?

In California, wrongful death cases are subject to strict deadlines known as statutes of limitation:

• Generally, two years from the date of death.
• If a government entity (like a police department or jail) is involved, a government claim must be filed within six months.

Missing these deadlines can permanently bar recovery, which is why contacting an attorney as soon as possible is critical.

The Power of Litigation: Creating Lasting Change

Beyond individual justice, wrongful death lawsuits often spark policy reforms and systemic accountability. Through litigation, families have helped achieve:

• Improved jail medical care
• Revised police use-of-force standards
• Increased public oversight and transparency
• Awareness of systemic failures that cost lives

Every case tells a story that demands to be heard — and every verdict moves California one step closer to fairness and accountability.

Conclusion: Justice for Those Who Can No Longer Speak

A wrongful death lawsuit is not just a legal action — it is a moral statement that every life matters. Families who pursue justice do so not only for their loved one but for every person whose rights and safety depend on accountability.

At the Law Offices of Christian Contreras, PLC, we stand shoulder-to-shoulder with grieving families to uncover the truth, expose wrongdoing, and fight for the justice their loved one deserves. Through skillful advocacy and compassion, our firm helps turn heartbreak into purpose — and tragedy into change.

If you have lost a loved one due to negligence, abuse, or misconduct, you have the right to answers. Contact the Law Offices of Christian Contreras, PLC today for a confidential consultation. We will guide you every step of the way and fight tirelessly for your family’s peace and justice.