April 2, 2025

California Wrongful Death Lawsuit Mistakes That Could Cost You Millions

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

Losing a loved one due to negligence is devastating, and a wrongful death lawsuit is often the only way for families to get justice and financial relief.

However, even small mistakes can jeopardize your case potentially costing you thousands or even millions in compensation.

Below, we’ll cover common and uncommon mistakes, with practical solutions to help you protect your claim.

Common Mistakes & How to Avoid Them

1. Missing the Filing Deadline (Statute of Limitations)

❌ Mistake:

• California law generally gives you 2 years from the date of death to file a lawsuit.
• If a government entity is involved (e.g., a city bus accident, medical negligence at a public hospital), you may have only 6 months to file a claim.
• Many families wait too long, thinking they have plenty of time, only to realize they missed the window.

✅ Solution:

• Act fast—consult an attorney as soon as possible to determine your exact deadline.
• Check for exceptions (minors may have longer to file, while some cases involving fraud or concealed evidence may have extensions).

2. Not Hiring an Experienced Wrongful Death Lawyer

❌ Mistake:

• Some people try to handle the case alone or hire a lawyer without wrongful death experience.
• Wrongful death claims involve insurance negotiations, legal filings, and expert testimony—a general attorney may not be equipped to handle these complexities.

✅ Solution:

• Choose a lawyer who specializes in wrongful death cases in California.
• Ask about their past case results and experience with similar lawsuits.
• A skilled lawyer can maximize your compensation by proving fault and negotiating against insurance company tactics.

3. Accepting the First Settlement Offer

❌ Mistake:

• Insurance companies often rush to offer a settlement that is far less than what you deserve.
• Once you accept, you waive the right to seek additional compensation—even if new damages arise later.

✅ Solution:

• Never accept the first offer without legal advice.
• Have an attorney calculate the true value of your case, considering:
  • Lost future earnings of the deceased.
  • Emotional and mental suffering of surviving family members.
  • Funeral, burial, and medical expenses.
• A lawyer will negotiate aggressively for a fair settlement or take the case to trial if needed.

4. Failing to Gather Enough Evidence

❌ Mistake:

• A wrongful death lawsuit requires strong evidence to prove liability.
• Families often fail to collect:
  • Accident reports (e.g., police reports, workplace incident records).
  • Medical records proving negligence.
  • Expert testimony (e.g., accident reconstruction specialists, financial analysts).
  • Witness statements that confirm the events leading to death.

✅ Solution:

• Start collecting evidence immediately—the longer you wait, the harder it is to obtain.
• Work with an attorney who has access to expert witnesses who can strengthen your case.

5. Filing the Wrong Type of Claim

❌ Mistake:

• In California, there are two legal claims that may apply:
  1. Wrongful Death Claim – Filed by family members to recover personal losses (loss of companionship, financial support, emotional suffering).
  2. Survival Action – Filed by the deceased’s estate to recover damages the deceased could have claimed if they had survived (e.g., pain and suffering before death).
• Many people only file one when they could be eligible for both.

✅ Solution:

• Consult an attorney to determine if you can file both claims for maximum compensation.

Uncommon Mistakes That Can Still Cost You

6. Posting on Social Media About the Case

❌ Mistake:

• Many families unknowingly harm their case by discussing it online.
• Insurance companies and defense attorneys monitor social media for:
  • Posts that contradict your claims.
  • Statements showing financial hardship, making you seem desperate for a quick settlement.

✅ Solution:

• Avoid posting anything about the case online.
• Ask family members to stay silent as well—even innocent comments can be used against you.

7. Assuming Only Immediate Family Can File

❌ Mistake:

• Many assume only spouses or children can file, but California law allows:
  • Parents (if they were financially dependent).
  • Stepchildren or putative spouses (if they depended on the deceased).
  • A personal representative of the estate.

✅ Solution:

• Check with a lawyer to see who is eligible to file—there may be more options than you think.

8. Overlooking Future Financial Losses

❌ Mistake:

• Some families only seek immediate damages like funeral costs and medical bills.
• They forget to account for:
  • Lost future income the deceased would have earned.
  • Lost retirement benefits, pensions, or insurance policies.
  • Loss of emotional and household support (e.g., a parent’s role in raising children).

✅ Solution:

• Work with a financial expert to project future losses and ensure you claim every dollar you’re entitled to.

9. Not Considering Punitive Damages

❌ Mistake:

• Punitive damages are extra compensation awarded in cases of extreme negligence or intentional misconduct (e.g., DUI accidents, corporate negligence).
• Many families don’t realize they can claim these damages.

✅ Solution:

• Ask your lawyer if your case qualifies for punitive damages, as they can significantly increase your payout.

10. Filing Against the Wrong Party

❌ Mistake:

• Families often sue only one party, when multiple entities may share liability:
  • Employer negligence (if it was a workplace accident).
  • Vehicle manufacturers (if a defective part caused the crash).
  • Property owners (if unsafe conditions contributed to the death).

✅ Solution:

• Investigate all responsible parties—your lawyer can help identify everyone who should be held accountable.

Final Thoughts & Next Steps

✅ Key Takeaways:

• Even minor mistakes can jeopardize your case.
• Being proactive, hiring the right lawyer, and avoiding common pitfalls can maximize your compensation.
• If you’re unsure about your case, talk to an experienced wrongful death lawyer today—most offer free consultations.

📞 Contact us for a free consultation to discuss your case before it’s too late!