There is no version of this page that makes what happened to your family better. What a wrongful death case can do is hold the responsible party accountable, protect the financial future of the people who depended on the person you lost, and answer questions nobody else is going to answer.
Djougourian Law Corp handles wrongful death matters across Los Angeles County, including deaths arising from pedestrian and vehicle collisions, impaired driving, commercial vehicle crashes, falls, construction incidents and premises failures.
California’s Wrongful Death Framework
California recognizes two related but distinct claims.
Wrongful death, under Code of Civil Procedure Section 377.60, belongs to surviving family members and compensates them for their own losses.
A survival action, under Code of Civil Procedure Sections 377.30 and 377.34, belongs to the decedent’s estate and recovers losses the decedent sustained before death, including medical expenses and lost earnings.
The two are typically brought together.
Who Can Bring a Wrongful Death Claim
Section 377.60 sets the order of standing:
- The surviving spouse or registered domestic partner, and the surviving children
- If there is no surviving issue, those entitled to the decedent’s property by intestate succession, generally parents or siblings
- Putative spouses and their children, stepchildren and parents, where they were dependent on the decedent
- A minor who resided in the decedent’s household for at least 180 days and was dependent on the decedent for at least half of their support
Registered domestic partners have the same standing as spouses under California law, which matters in a city where a significant share of households are unmarried partners or registered domestic partners. Where a couple is neither married nor registered, standing can become genuinely complicated, and it is worth getting advice early rather than assuming the answer.
Damages
Economic. The financial support the decedent would have provided over their expected working life and lifetime, the value of household services they performed, funeral and burial expenses, and the reasonable value of gifts and benefits survivors would have expected.
Non-economic. Loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society and moral support, and for a spouse or registered domestic partner, loss of intimacy. For children, loss of a parent’s training and guidance.
California does not permit recovery for the survivors’ own grief as a separate item, and does not permit punitive damages in a wrongful death claim itself, though punitive damages may be available in a survival action in appropriate cases.
Common Causes of Wrongful Death in West Hollywood
Pedestrian collisions. In a city with this much foot traffic and this much vehicle volume on the same blocks, pedestrian deaths are the most likely fatal outcome.
Impaired driving, which accounts for close to a third of U.S. traffic deaths per NHTSA. NHTSA projected 39,345 traffic deaths nationally in 2024.
Commercial vehicle crashes, where the large majority of those killed are not occupants of the truck.
Motorcycle and scooter collisions.
Falls from height, including construction falls and falls from balconies, rooftops and stairwells.
Construction fatalities, with construction recording more fatal work injuries than any other private sector industry per BLS.
Premises failures, including inadequate security, overservice and dangerous conditions at venues.
Medical negligence.
What Handling These Cases Well Requires
Immediate investigation. Vehicles are repaired or salvaged, scenes are cleared and surveillance video is overwritten within weeks. Evidence work has to start while the family is still in the earliest part of grief, which is exactly why it should not be the family doing it.
Coordinating with any criminal case. A prosecution runs on its own track, and a conviction is not required for civil liability.
Establishing standing and probate, including opening an estate where a survival action is brought.
Economic proof. Economists calculate lifetime support including projected earnings growth, benefits and the value of household services.
Insurance investigation. Personal, commercial, umbrella and excess coverage.
Frequently Asked Questions
How long do we have?
Generally two years from the date of death under Code of Civil Procedure Section 335.1. Claims against a public entity require a written claim within six months under Government Code Section 911.2. Medical negligence claims have their own shorter deadlines.
Do we have to wait for the criminal case?
No. The civil case proceeds independently and has a lower burden of proof.
We were domestic partners, not married. Do I have standing?
If you were registered domestic partners under California law, yes, on the same footing as a spouse. If you were not registered, standing depends on the specific circumstances and is worth discussing right away.
What if our family member was partly at fault?
Recovery is reduced by their percentage of fault, not eliminated.
What if the death happened at work?
Workers’ compensation death benefits are available, and a third-party claim against a non-employer defendant may provide substantially more.
How long does a case take?
Most resolve after investigation and negotiation. Contested cases with serious damages commonly take two to three years.
Contact a West Hollywood Wrongful Death Attorney
We will handle the case so your family can handle everything else. Call 818-530-0000 or contact us when you are ready. There is no cost to talk with us and no fee unless we recover.
Citations and References
- U.S. Census Bureau, QuickFacts: West Hollywood city, California
- California Code of Civil Procedure Section 377.60, Wrongful Death
- California Code of Civil Procedure Section 377.30, Survival Actions
- NHTSA, Estimates 39,345 Traffic Fatalities in 2024
- NHTSA, Drunk Driving
- FMCSA, Large Truck and Bus Crash Facts
- Bureau of Labor Statistics, Census of Fatal Occupational Injuries
- California Government Code Section 911.2
