Wrongful Death from Car Accident Attorney in Glendale & Los Angeles
Losing a loved one in a car accident is a shattering experience. One moment they were here, and the next they are gone — because of another driver’s negligence. While nothing can bring them back, a wrongful death claim holds the responsible party accountable and provides the financial security your family needs to move forward. Attorney Anand Desai has spent over 20+ years standing with grieving families throughout Glendale, Los Angeles, and Southern California. With more than 5,000 cases and 50 jury trials, he has the compassion and the courtroom strength to handle these deeply personal cases. Call (833) 270-7800 for a free, confidential consultation.
Who Can File a Wrongful Death Claim in California
California Code of Civil Procedure Section 377.60 specifies who may bring a wrongful death action:
- Surviving spouse or domestic partner
- Surviving children
- If none of the above, anyone entitled to the property of the deceased under California’s intestate succession laws — this may include parents, siblings, or grandparents
- Putative spouse, stepchildren, and parents if they were financially dependent on the deceased
A separate but related claim — a survival action under CCP Section 377.30 — can be filed by the estate to recover damages the deceased person would have been entitled to if they had survived, such as medical expenses and pain and suffering between the accident and death.
Common Causes of Fatal Car Accidents
Fatal car crashes in Los Angeles County result from many forms of driver negligence:
- Drunk or drugged driving — one of the leading causes of fatal crashes statewide
- Excessive speed — high-speed impacts are exponentially more lethal
- Distracted driving — texting, phone use, or other inattention
- Red-light and stop-sign running — leading to high-energy intersection collisions
- Wrong-way driving — head-on crashes with devastating force
- Reckless driving and street racing
Damages Available in a Wrongful Death Car Accident Case
California wrongful death damages are designed to compensate surviving family members for their losses:
- Loss of financial support — the income and benefits the deceased would have provided
- Loss of household services — contributions like childcare, home maintenance, and meal preparation
- Loss of love, companionship, and emotional support — the intangible but profound loss of the relationship
- Loss of training and guidance — especially significant when the deceased was a parent of minor children
- Funeral and burial expenses
- Medical bills — if the deceased received treatment before dying
Through a companion survival action, the estate may also recover the deceased’s pain and suffering and lost earnings from the date of injury to the date of death.
Proving Wrongful Death from a Car Accident
A wrongful death case requires proving that the other driver’s negligence caused the fatal crash. Attorney Desai’s investigation process includes:
- Accident reconstruction to determine speed, fault, and impact dynamics
- Toxicology reports for alcohol and drug testing
- Cell phone records to prove distraction
- Witness interviews and police report analysis
- Vehicle inspection for mechanical failures
- EDR (black box) data extraction
His 13 years as an LA County Public Defender and 50+ jury trials give him an edge in building and presenting these sensitive cases.
Statute of Limitations for Wrongful Death
California’s statute of limitations for wrongful death is two years from the date of death (CCP Section 335.1). This is a strict deadline — if you miss it, your family permanently loses the right to seek compensation. Do not wait. The investigation should begin as soon as possible while evidence is fresh.
Why Families Choose Anand Desai
Wrongful death cases are deeply emotional, and families deserve an attorney who cares. Anand Desai has earned a 5.0-star Google rating from 114 reviews because he treats every family with dignity and empathy while fighting aggressively for their rights. BBB A+ accredited and Avvo Clients’ Choice 2025, he works on a no win, no fee basis and communicates in 11 languages. His office at 1628 Victory Blvd, Suite 100, Glendale, serves families across Los Angeles, Pasadena, Burbank, and all of Southern California.
Frequently Asked Questions About Wrongful Death Car Accident Claims
How is a wrongful death case different from a criminal case against the driver?
A wrongful death lawsuit is a civil action filed by the family to recover financial compensation. A criminal case is filed by the district attorney to punish the driver. The two cases are separate and can proceed simultaneously. The civil case requires only a preponderance of evidence, while the criminal case requires proof beyond a reasonable doubt.
Can I file a wrongful death claim if the at-fault driver was not charged criminally?
Yes. The decision not to file criminal charges does not affect your right to file a civil wrongful death lawsuit. Different standards of proof apply, and many wrongful death cases succeed even when no criminal prosecution occurs.
What if the deceased was partially at fault for the accident?
California’s pure comparative negligence allows a wrongful death claim even when the deceased shared some responsibility. The family’s damages are reduced by the deceased’s percentage of fault but are not eliminated.
How long does a wrongful death car accident case take?
These cases typically take 12 to 24 months, though complex cases involving multiple defendants or disputed liability may take longer. Attorney Desai prioritizes thorough preparation to achieve the best possible outcome while moving the case forward efficiently.
Can I file a wrongful death case if the at-fault driver died too?
Yes. You can file a claim against the deceased driver’s estate and their insurance policy. Insurance obligations survive the policyholder’s death.
Free Consultation — Your Family Deserves Justice
If a negligent driver took someone you love in a car accident, do not face the legal process alone. Call Anand Desai at (833) 270-7800 for a free consultation. Contact us online anytime. No win, no fee.