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Karns & Karns Personal Injury and Accident Attorneys Launch Dedicated California Wrongful Death Litigation Division

Home » Press » Karns & Karns Personal Injury and Accident Attorneys Launch Dedicated California Wrongful Death Litigation Division

Karns & Karns Personal Injury and Accident Attorneys, a family-owned trial law firm with over $500 million recovered for victims of negligence, has announced the formal launch of its dedicated Wrongful Death Litigation Division. Operating out of the firm’s national headquarters at 1313 W. 8th Street in Los Angeles, the specialized practice group was created to deliver compassionate, trauma-informed support to surviving families while deploying the firm’s extensive trial resources against corporate entities, trucking conglomerates, and commercial insurers.

Navigating Grief While Confronting Corporate Defense Networks
The sudden loss of a family member due to gross negligence, commercial vehicle crashes, or unsafe infrastructure is among the most destabilizing events a family can experience. Beyond the profound emotional toll, surviving spouses, children, and dependent parents are routinely thrust into complex financial uncertainty, including sudden loss of household income, funeral costs, and legal bureaucracy.

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Under California Code of Civil Procedure § 377.60, legal standing to file a wrongful death lawsuit is granted first to the decedent’s surviving spouse or registered domestic partner, biological or adopted children, and surviving grandchildren if a child has predeceased the decedent. If there is no surviving spouse or issue, the right passes to the decedent’s parents, siblings, or other heirs entitled under California intestate succession rules. Additionally, financial dependents—including dependent stepchildren, putative spouses, or minors who resided in the household for at least 180 days and received at least half of their support from the decedent—may qualify to bring an action.

A wrongful death claim (CCP § 377.60) is brought directly by surviving family members to compensate them for their personal losses resulting from the death—including loss of financial support, burial expenses, loss of household services, and the loss of love, moral support, and companionship. A survival action (CCP § 377.30) is brought by the decedent’s estate to recover damages the deceased person suffered prior to passing, such as pre-death medical expenses and property damage.

In California, the statute of limitations for a wrongful death lawsuit is generally two years from the exact date of the decedent’s death (California Code of Civil Procedure § 335.1). However, if the death involved a public entity or government vehicle (such as a municipal bus, highway agency, or county maintenance truck), a formal government administrative claim must be filed within six months under the California Tort Claims Act. Because critical evidence such as commercial vehicle black box data and surveillance video can be quickly overwritten, families should engage trial counsel immediately.

Who has the legal right to file a wrongful death claim in California?

Under California Code of Civil Procedure § 377.60, legal standing to file a wrongful death lawsuit is granted first to the decedent’s surviving spouse or registered domestic partner, biological or adopted children, and surviving grandchildren if a child has predeceased the decedent. If there is no surviving spouse or issue, the right passes to the decedent’s parents, siblings, or other heirs entitled under California intestate succession rules. Additionally, financial dependents—including dependent stepchildren, putative spouses, or minors who resided in the household for at least 180 days and received at least half of their support from the decedent—may qualify to bring an action.

What is the difference between a wrongful death claim and a survival action in California?

A wrongful death claim (CCP § 377.60) is brought directly by surviving family members to compensate them for their personal losses resulting from the death—including loss of financial support, burial expenses, loss of household services, and the loss of love, moral support, and companionship. A survival action (CCP § 377.30) is brought by the decedent’s estate to recover damages the deceased person suffered prior to passing, such as pre-death medical expenses and property damage.

How long do surviving family members have to file a wrongful death lawsuit in California?

In California, the statute of limitations for a wrongful death lawsuit is generally two years from the exact date of the decedent’s death (California Code of Civil Procedure § 335.1). However, if the death involved a public entity or government vehicle (such as a municipal bus, highway agency, or county maintenance truck), a formal government administrative claim must be filed within six months under the California Tort Claims Act. Because critical evidence such as commercial vehicle black box data and surveillance video can be quickly overwritten, families should engage trial counsel immediately.