Tragedy can strike at any time, with so many things causing wrongful death in Los Angeles and beyond. Such was the case in a tragic plane crash in San Diego, where a private plane crashed in the early morning, destroying multiple houses within a quarter-mile radius while people were sleeping.

At least eight people were injured, and three deaths have been reported as of May 23, 2025. For the survivors of family members killed in this crash and similar tragedies. When you’re in shock, grieving, angry, and even dismayed, how do you progress through the legal process involved in a wrongful death lawsuit?

Understanding a Wrongful Death Action

Wrongful death is a civil action where a person seeks damages against another party whose negligent or intentional actions resulted in death. The following can cause a wrongful death.

• Car accidents involving distracted driving (texting or talking on a phone), impaired driving (alcohol or drugs), reckless driving, or speeding.
• Criminal acts include a school or workplace shooter, a person who commits a murder, or someone who kills an innocent party while committing a crime like a robbery.
• Defective products where a design flaw or manufacturing defect creates an unsafe product that causes a fatality.
• Medical malpractice where a health care professional uses poor judgment or provides unacceptable care that results in death.
• Premises liability cases where a property owner fails to take care of hazardous features on their property, resulting in death, such as failing to fix a deck that has rotting supports that end up collapsing when people use it.
• Work-related accidents where an employee dies due to hazardous or unsafe working conditions, including being improperly equipped with safety equipment or having to use machines lacking proper safety measures, such as a forklift without working brakes.

A wrongful death impacts people in different ways, and emotions are high, which makes it hard to navigate legal action. Plus, there’s a lot to consider when suing another party for wrongful death. If you’re not experienced in wrongful death laws and statutes, you might not know where to get started. When you work with a wrongful death lawyer, you don’t have to worry about the intricacies.

Financial Caps on Wrongful Death Actions

Governor Newsom signed AB 35 in 2022, which placed a maximum limit of $500,000 on medical malpractice cases, but that amount increases by $50,000 per year until 2033, when it will reach $1 million and the increases end. There are no caps on other wrongful death causes in Los Angeles.

The monetary value of a wrongful death is based on medical bills, the cost of the funeral and burial, loss of financial support, and loss of emotional support. If the decedent provided the income that covered the cost of the home and all utilities, the judgment would consider that income loss times the number of years that person would have likely worked. 

You might also be allowed punitive damages. If the person intentionally acted and meant to harm others, you can ask that the court provide punitive damages to punish the defendant with a financial penalty.

However, you only have two years from the date of the incident before the statute of limitations passes. There are a few exceptions, such as three years for medical malpractice, but most claims must be filed within two years. No one can predict how long the grieving process will take. If you let two years pass before deciding to file a wrongful death claim, you could be too late. 

It’s a complex process, and the reason we recommend working with an experienced personal injury attorney. Give yourself time to grieve and leave the legal requirements and deadlines to an expert in wrongful death lawsuits.

What Happens During a Wrongful Death Case?

There are several steps in the wrongful death legal process when you live in Los Angeles. A California personal injury attorney drafts the complaint and files the lawsuit. That’s the first step. After that, you enter the discovery phase. This is why the legal team interviews witnesses and experts, collects depositions, and requests documents and records that aid in your case.

Once a value is placed on your wrongful death claim, negotiations with the defendant’s insurance company or the defendant or company, if insurance isn’t appropriate. The goal is to reach a settlement that’s appropriate to the financial and emotional loss. If those negotiations fail, the legal team prepares for a court trial.

How Money from a Wrongful Death Action Is Awarded

California’s wrongful death statute allows specific people to file a wrongful death action and collect a financial judgment. If the court finds for the survivors, the award goes to the following people. They include:

• A personal representative of the decedent
• A surviving spouse or domestic partner
• Surviving children

If none of those parties exist or are still living, parents, legal guardians, or dependents of the decedent are next. Minors who’d lived in the decedent’s household for the previous 180 days or more are considered dependents if they were dependent on the decedent for at least 50% of their support. For example, if the deceased party’s girlfriend’s child lived with them all week but visited the other parent on weekends, that child counts as the deceased’s dependent.

Following California law, the spouse automatically gets half, unless there are children. Then the spouse gets half, and the remainder goes to one child. If there are multiple children, the spouse gets one-third, and the remaining is split between the children. 

If there are no children, the spouse gets half and the remaining half is split with the decedent’s parents and siblings. If there is no spouse, money goes to the children, but if there are no children, the decedent’s parents get everything. If those parents are deceased, it goes to the siblings, providing they’re in the same generation as the decedent.

Why Hire an Experienced California Wrongful Death Attorney?

We’ve covered many of the reasons why you want a team of legal experts ready to fight for justice in a wrongful death claim. Shegerian Conniff is here to support you through every stage of a wrongful death complaint and court trial. We have:

• Wrongful death attorneys with the knowledge to build a winning case.
• A team of investigators will collect the necessary evidence to back up your claim.
• A legal team that stays in touch with you through every step of the complaint and court hearing, if necessary. 
• An advocate to support you through a jury trial if necessary.
• Connections to resources that offer additional help, such as grief counselors and financial planners.

Our expert negotiators will not settle until the settlement is fair. Do not settle for less than you deserve! We don’t take our fee from you before we get started. Our attorneys work on a contingency fee basis, which means we only get paid from the settlement we secure for you. If we don’t win, we don’t get paid. Our Los Angeles wrongful death experts are motivated to get you the largest settlement or court award. Contact Shegerian Conniff for a free consultation today.