Representation for surviving families in wrongful death and survivor actions. Files that require sustained attention, patience, and the willingness to stand up in court.
Losing a family member to someone else’s negligence is a different kind of loss, and the legal process should never add to the burden. The Masjedian Law Firm handles wrongful death matters with discretion and resolve — pursuing accountability while protecting the family from the pressure tactics insurers use during the worst moment of their lives.
When a claim arises. A wrongful death claim exists when a person dies because of another party’s negligent, reckless, or wrongful act — fatal car and truck collisions, defective products, dangerous premises, or other serious negligence. The claim is separate from any criminal case and proceeds on its own.
Who can file in California. Wrongful death claims may be brought by the surviving spouse or domestic partner, children, and certain other dependents or heirs. A related “survival action” may also allow the estate to recover certain losses the decedent experienced before death. The rules on who may file and what may be recovered are specific, and getting them right early matters.
What can be recovered. California permits recovery for both financial and personal losses: the support the decedent would have provided, funeral and burial expenses, the loss of gifts or benefits, and the loss of the deceased’s love, companionship, comfort, care, and guidance. We work with economists and other experts to document the full measure of the family’s loss.
How long do we have to file? Generally two years from the date of death, though claims involving public entities can require a government claim within months.
Can we still bring a claim if there is a criminal case? Yes. A civil wrongful death claim is independent of any criminal prosecution and uses a lower burden of proof.
Submissions are reviewed directly by the attorney. Confidential.