When someone in your family dies because of another person’s actions, legal questions can arrive before you have had time to grieve. You may be hearing from an insurer, arranging a funeral, caring for children, or trying to understand what an investigation found. Our Antioch wrongful death lawyers can listen, explain the choices in plain language, and help protect your family’s options.

You do not need to know whether a lawsuit makes sense before you call. A free case review can help you understand who may be able to bring a claim, which records matter, and whether a deadline needs attention. There is no obligation to move forward.

When may a family bring a wrongful death claim?

Under California Code of Civil Procedure section 377.60, a wrongful death claim may arise when a person dies because of another’s wrongful act or neglect. The law identifies who may bring the claim. A surviving spouse or registered domestic partner and children are among those listed. Other relatives or dependents may qualify under specific statutory conditions. A stepchild or parent is not automatically eligible in every family situation.

Families are rarely simple on paper. If you are unsure who should speak for the family, we can review the relationship and the applicable rules with you. You can ask that question without committing anyone to a case.

What losses can a wrongful death claim address?

A wrongful death claim concerns losses suffered by eligible surviving family members. Depending on the facts, those may include lost financial support, the value of household services the person would have provided, funeral and burial expenses, and the loss of companionship, care, comfort, and guidance. The Judicial Council’s wrongful death damages instruction, CACI 3921, explains these categories and also makes clear that grief itself and the deceased person’s pain and suffering are not wrongful death damages.

No list can capture the full role a person played in a home. We take time to learn who they were, how the family depended on them, and what can be supported with records and testimony. We will not assign a value to your family’s loss before understanding the facts, and no past result predicts an outcome for you.

Is a survival action the same as wrongful death?

No. A wrongful death claim is for the eligible survivors’ own losses. A survival action is based on a claim the person could have brought if they had lived. It may be brought by a personal representative or, in some circumstances, a successor in interest. It can address certain losses the person incurred before death, if the evidence and law support them.

The damages rules differ. Under current California Code of Civil Procedure section 377.34, a survival action first filed in 2026 or later generally does not include the deceased person’s pre-death pain, suffering, or disfigurement. A time-limited rule applied to many actions filed before January 1, 2026, and specific other claims may have different rules. We can explain which claims, if any, fit your family’s situation.

What can you do while an investigation is underway?

There is no need to conduct an investigation yourself. If you have these items, keep them together or tell us where they may be found:

  • The investigating agency’s name and any report or case number.
  • Letters, emails, or messages from insurers or other parties, including proposed releases or settlement paperwork.
  • Photos, video, witness contact information, and the location of any vehicle or other property that may be evidence.
  • Funeral expenses, employment and benefits information, and records showing the support or services your loved one provided.

If Antioch Police investigated a traffic crash or other incident, the city’s Records Unit explains how an eligible person can request a report. If the California Highway Patrol investigated a crash on a highway, its CHP 190 instructions explain the separate process. If you are uncertain which agency holds a report, we can help identify it.

You can ask for legal advice before signing a release or giving an insurer a detailed statement. Our team can take on records requests and communications, so your family does not have to manage them alone.

How GJEL helps Antioch families

We investigate the cause of death, identify the people or organizations that may be responsible, and review available insurance. Depending on the event, that work can involve collision evidence, safety records, medical records, witness accounts, and experts. We also help eligible family members understand how their claims fit together and what documents may show financial and personal losses.

We explain each decision and handle discussions with insurers. If a lawsuit is needed, we prepare the case and discuss what that process would involve. You remain part of the important decisions, including whether to accept any proposed resolution. We will tell you honestly when the evidence does not support a claim.

How long does a family have to act?

California generally allows two years to file a wrongful death lawsuit. If a public entity may be responsible, California law generally requires a claim to be presented to that entity within six months. Presenting a claim to an agency is a separate step from filing a lawsuit. Other rules can change a deadline, and an insurer’s settlement discussion does not necessarily stop the clock.

You do not have to make every legal decision now. It can still help to learn which deadline may apply, especially if a public agency or vehicle was involved.

Questions families ask us

Do we need to know exactly who caused the death before calling?

No. It is common for an investigation to be incomplete. Tell us what you know, what agency responded, and what questions remain. We can explain what information would help determine responsibility.

Can one family member start the conversation?

Yes. A spouse, child, parent, or other family member can ask for a case review. The law determines who may formally bring a claim, and we can discuss that with the family before anyone makes a decision.

What if our loved one received treatment before dying?

Tell us about the period between the injury and the death. The facts may raise both a wrongful death claim and a separate survival claim, with different parties and damages rules. We can review the medical and expense records and explain which questions need further investigation.