Losing a loved one in a car accident is devastating. If the crash was caused by another driver’s negligence, your family may pursue two claims in California. A wrongful death claim covers the family’s losses, including financial support, companionship, and guidance. A survival action addresses what your loved one endured before death.
California Code of Civil Procedure § 377.60 defines who may file, and you have two years from the date of death. In DUI or reckless-driving cases, punitive damages may also be available. Call The Injury Partners at (310) 220-0066 or reach out online when you are ready to talk.
What Legal Claims Can a Family File After a Fatal Car Accident?
California law provides two legal claims after a fatal car accident. A wrongful death claim belongs to the surviving family members and compensates them for their own losses. The decedent’s estate brings a separate survival action for what the victim suffered before death.
Decedent’s pre-death losses: medical bills, lost earnings, pain and suffering
Punitive damages
Not available
Available when the driver acted recklessly or intentionally (e.g., DUI)
Both claims are typically filed together after a single fatal crash. The survival action is the vehicle for holding a drunk or reckless driver accountable through punitive damages under California Civil Code § 3294.
For families going through this process, a Beverly Hills wrongful death lawyer can explain how the two claims work together to maximize your family’s total recovery.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim compensates the surviving family for what they will no longer receive from the person who died. The estate files a separate survival action to recover medical expenses, lost earnings, and the victim’s pre-death pain and suffering.
Can My Family File Both Claims After One Fatal Crash?
Yes. Filing both a wrongful death claim and a survival action after a fatal car accident is standard practice and maximizes your family’s total recovery. The wrongful death claim covers the family’s ongoing losses, and the survival action recovers what the victim went through before death.
Why Trust The Injury Partners for Your Beverly Hills Fatal Car Accident Claim
No family should have to think about legal claims while grieving. The Injury Partners exists to carry that burden so your family can focus on supporting each other. The founding attorneys handle every fatal car accident case the way they would want their own families treated, with personal attention and the kind of preparation that matches what the other side brings.
Omeed Hakimianpour earned his undergraduate degree from UCLA and his J.D. from USC Gould School of Law before joining Kirkland & Ellis, where he litigated multimillion- and billion-dollar matters against sophisticated corporate defense teams. He now holds at-fault drivers and the insurance companies behind them accountable on behalf of grieving families.
Daniel Sabet completed the SCALE accelerated J.D. program at Southwestern Law School in two years and built his career entirely on the plaintiff side representing injury victims and their families.
Your family works directly with a founding attorney from the first conversation, and that attorney stays on the case through resolution.
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$1M+ recovered for clients
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Beverly Hills office: 499 N. Canon Dr., Suite B1, serving all of Los Angeles County
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Who Can File a Wrongful Death Claim in California?
California Code of Civil Procedure § 377.60 defines who has standing to bring a wrongful death claim after a fatal car accident. The statute identifies specific categories of eligible parties.
Surviving spouse or registered domestic partner
Children of the decedent (and grandchildren if the decedent’s children have also died)
If no spouse or children survive, those entitled to the decedent’s property by intestate succession, including parents and siblings
Certain financially dependent individuals: a putative spouse, stepchildren, or parents who were financially dependent on the decedent
The survival action is brought separately by the decedent’s estate through a personal representative. This is often the same person as a family member filing the wrongful death claim, but the two claims are legally distinct and recover different categories of damages.
Can a Parent or Sibling File a Wrongful Death Claim?
Yes, but only under specific circumstances. Parents and siblings may file when no surviving spouse or children exist and they would inherit the decedent’s property under California’s intestate succession laws. Parents who were financially dependent on the decedent may also have standing regardless of whether other family members survive.
What Damages Can Your Family Recover?
The wrongful death claim and the survival action each recover different categories of damages.
Wrongful death damages (CCP § 377.61), filed by the family:
Economic:
Loss of the financial support the decedent would have provided over their remaining lifetime
Loss of household services
Funeral and burial expenses
Loss of gifts and benefits the family would have received
Non-economic:
Loss of love, companionship, comfort, care, moral support, society, affection, and guidance
Survival action damages, filed by the estate:
The decedent’s pre-death medical expenses
Lost earnings from the date of injury to the date of death
Property damage
Pre-death pain and suffering (recoverable under CCP § 377.34 as amended by SB 447; verify current status before publishing)
Punitive damages under Civil Code § 3294 when the driver acted with malice, oppression, or conscious disregard for human safety (e.g., DUI, extreme recklessness)
Under California’s pure comparative negligence rule established in Li v. Yellow Cab Co. (Civil Code § 1714), your family’s recovery can be reduced by the decedent’s percentage of fault but is never eliminated. A decedent found 20% at fault would still allow the family to recover 80% of the total damages.
What Compensation Can a Family Get for a Fatal Car Accident?
Through the survival action, the estate can recover the victim’s pre-death medical bills, lost earnings, and pain and suffering. In DUI cases, punitive damages may also be available through the survival action, providing both financial recovery and accountability for reckless conduct.
Common Causes of Fatal Car Accidents and When Punitive Damages Apply
Fatal car accidents in Beverly Hills and Los Angeles County result from driver conduct that California law treats as negligence or, in the most egregious cases, as grounds for punitive damages.
Drunk driving (DUI): Violations of Vehicle Code § 23152/§ 23153. DUI-related deaths support punitive damages through the survival action because driving while intoxicated demonstrates conscious disregard for the safety of others.
Distracted driving: Texting, phone use, and other distractions that divert a driver’s attention from the road. Distracted driving is now one of the leading causes of fatal crashes in Los Angeles County.
Excessive speed and reckless driving: Speeds that exceed safe conditions, particularly on high-traffic corridors like Wilshire Boulevard and Sunset Boulevard. Reckless conduct may support punitive damages.
Hit-and-run: Leaving the scene of a fatal crash is a felony under Vehicle Code § 20001 and may support punitive damages through the survival action.
Defective vehicles or parts: Brake failures, tire blowouts, and airbag malfunctions create product liability claims against manufacturers and distributors.
A Beverly Hills car accident lawyer can evaluate whether the circumstances of the crash support a negligence or product liability claim. A wrongful death car accident lawyer can also evaluate whether punitive damages apply.
Can I Sue If the Driver Who Killed My Loved One Wasn’t Criminally Charged?
Yes. A criminal case and a civil wrongful death claim are entirely separate proceedings with different standards of proof. Criminal cases require proof beyond a reasonable doubt. Civil claims require only a preponderance of the evidence, meaning it is more likely than not that the driver’s negligence caused the death. Many families recover full compensation through a civil claim even when no criminal charges are ever filed.
Can I Get Punitive Damages If a Drunk Driver Caused the Fatal Crash?
Yes, through the survival action. Punitive damages under California Civil Code § 3294 are available when the at-fault driver acted with malice, oppression, or conscious disregard for human safety. Driving while intoxicated meets this standard because the driver chose to get behind the wheel knowing the risk. The survival action filed by the decedent’s estate is the only claim that allows punitive damages.
Who Is Liable for a Fatal Car Accident?
A fatal car accident claim is not always limited to the driver who caused the crash. California law allows families to pursue claims against all parties whose negligence contributed to the death.
The at-fault driver (and their insurer): The driver whose conduct caused the crash is the primary defendant, and their auto insurance policy is the primary source of recovery.
An employer: If the driver was working at the time of the crash, such as a delivery driver, rideshare operator, or commercial truck driver, the employer may be vicariously liable for the driver’s conduct.
A vehicle or parts manufacturer: Defective brakes, tires, or airbags that contributed to the severity of the crash or prevented survival create product liability claims against the manufacturer.
A government entity: Dangerous road conditions, missing signage, or defective traffic signals can create government liability, but your family must file an administrative claim within six months under Government Code § 911.2.
An alcohol vendor: Under Business and Professions Code § 25602.1, a vendor who served alcohol to an obviously intoxicated minor may share liability for a subsequent DUI fatality.
Identifying all liable parties and insurance policies is one of the first things your attorney will do.
Deadlines to File a Fatal Car Accident Claim in California
Claim Type
Deadline
Statute
Wrongful death
2 years from the date of death
CCP § 335.1
Survival action
Later of 2 years from injury or 6 months after death
CCP § 377.30
Government entity involved
6-month administrative claim
Gov. Code § 911.2
Two years may feel like enough time, but grief has a way of making months disappear. Evidence also degrades: surveillance footage overwrites, witness memories fade, and vehicle data can be lost if the car is repaired or scrapped. Consulting an attorney early protects your family’s rights without adding pressure during an already difficult time.
How We Investigate and Build a Fatal Car Accident Case
Insurance companies begin building their defense the moment a fatal crash is reported. The Injury Partners moves just as quickly to preserve the evidence that holds the at-fault party accountable.
Obtain the police report and coroner findings. The traffic collision report from the Beverly Hills Police Department or California Highway Patrol and the Los Angeles County Medical Examiner-Coroner’s determination of cause of death form the foundation of the case.
Preserve the vehicles’ Event Data Recorder (EDR) data. Modern vehicles record speed, braking, steering, and seatbelt status in the seconds before a crash. This data can be overwritten or lost if the vehicle is repaired or scrapped, so preserving it quickly is essential.
Secure scene evidence, surveillance footage, and witness statements. Intersection cameras, nearby business surveillance, and dashcam footage can disappear within days if not formally requested.
Work with accident reconstruction and toxicology experts. Reconstruction specialists determine how the crash occurred and at what speed. If DUI is suspected, toxicology evidence from the at-fault driver supports punitive damages through the survival action.
Document the family’s full economic and non-economic losses. Working directly with the family, the firm calculates the decedent’s lost future income, household contributions, and the family’s loss of companionship and guidance to build a damages presentation that reflects the true impact of the loss.
How Do You Prove Fault in a Fatal Car Accident?
Fault is established through the police collision report, physical evidence from the crash scene, the vehicles’ Event Data Recorder data, witness testimony, and accident reconstruction analysis. In DUI cases, toxicology results from the at-fault driver provide direct evidence of impairment.
What Is a Fatal Car Accident Case Worth?
There is no fixed dollar amount for a fatal car accident case. The value depends on the decedent’s age, health, and earning capacity and on the number and dependency of surviving family members. Liability strength, available insurance coverage, and whether punitive damages apply through the survival action also factor in.
The Injury Partners provides a realistic assessment after reviewing the facts of the case rather than quoting a number designed to get a signature. Your family deserves an honest evaluation of what the claim is worth and how we intend to pursue it.
Support for Families After a Fatal Crash in Beverly Hills
Fatal crashes in the Beverly Hills area occur along corridors like Wilshire Boulevard, Santa Monica Boulevard, and Sunset Boulevard and on the nearby 405, 101, and 10 freeways. Victims are typically taken to Cedars-Sinai Medical Center or UCLA Ronald Reagan Medical Center. The firm helps families obtain police and coroner records as part of building the case.
The legal process after a fatal car accident can feel overwhelming at a time when a family is already struggling to cope. The Injury Partners handles that process so families can focus on supporting each other. Grief counseling and support resources exist alongside legal help, and the firm respects that your family will move through this at your own pace.
What Should a Family Do After a Fatal Car Accident in Beverly Hills?
Focus on your family first. When you are ready, contact an attorney who can obtain the police report from the Beverly Hills Police Department and request the coroner’s findings from the Los Angeles County Medical Examiner-Coroner. The Injury Partners is available 24/7 and handles these steps so your family does not have to.
Frequently Asked Questions
Can You Sue for a Fatal Car Accident?
Yes. California law allows surviving family members to file a wrongful death claim and the decedent’s estate to file a survival action against the at-fault driver and any other negligent parties.
How Much Do Accident Lawyers Charge in California?
The Injury Partners handles fatal car accident cases on a contingency fee, which means your family pays nothing upfront and owes no fee unless the firm recovers compensation. Families dealing with funeral costs, lost income, and the emotional weight of the loss should not have to worry about paying a lawyer on top of everything else.
How Long Do I Have to File a Wrongful Death Claim in California?
The general deadline is two years from the date of death under CCP § 335.1. If a government entity is involved, the family must file an administrative claim within six months under Government Code § 911.2.
Are Punitive Damages Available in a Wrongful Death Case?
Not directly through the wrongful death claim. However, punitive damages are available through the survival action when the at-fault driver acted with malice, oppression, or conscious disregard for safety, such as driving while intoxicated. This is how families hold drunk drivers accountable beyond the criminal case.
Speak With a Beverly Hills Fatal Car Accident Lawyer at The Injury Partners
If your family has lost someone in a car accident caused by another driver’s negligence, you do not have to face the legal process alone. The Injury Partners handles the investigation and the insurance negotiations, and prepares for trial if the case requires it, so your family can focus on grieving and healing.
Omeed Hakimianpour has been recognized as a Super Lawyers® Rising Star for 2025 and 2026, a distinction awarded to only the top 2.5% of attorneys in California.
There is no fee unless the firm recovers compensation, no obligation to proceed, and the consultation is completely free.
Call The Injury Partners at (310) 220-0066 or submit a free case review online. Our office is at 499 N. Canon Dr., Suite B1, Beverly Hills, CA 90210, and we are available 24/7. We are here when your family is ready.
