Home » Blog » How Long Does a Wrongful Death Lawsuit Take in California?
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Last Modified on May 26, 2026
If you have recently lost a family member because of another party’s negligence or illegal misconduct, you are likely eligible to file a wrongful death claim against them. But how long does a wrongful death lawsuit take in California? The answer depends on several factors, such as whether liability is contested, the scope of damages you are seeking, and whether you hire a wrongful death lawyer to represent you and your family in this difficult case.
How Long Does a Wrongful Death Lawsuit Take in California?
A wrongful death lawsuit is a type of personal injury claim in which the surviving family of the deceased victim seeks compensation for the losses they suffered. Generally, if the victim had been eligible to file a personal injury claim if they had survived, their family can file a wrongful death claim in place of this personal injury claim when they do not.
When it comes to how long a wrongful death lawsuit takes in California, many factors influence any civil claim’s timetable:
- Liability for the fatal injury may not be immediately apparent, and it could take time to gather the evidence needed to identify the defendant responsible for causing the death in question.
- Liability for a wrongful death could be disputed, or multiple parties may share liability. To protect your family’s legal rights, you should hire an experienced Orange County wrongful death lawyer as soon as possible to help you gather the evidence needed to firmly establish liability and resolve any disputes regarding fault.
- If you have grounds to file any type of insurance claim, hiring a lawyer will help you resolve the claim more quickly. For example, you may be able to file an auto insurance claim against an at-fault driver after a family member’s fatal accident, and your attorney can help you resolve this claim efficiently. The California Office of Traffic Safety reported 4,061 traffic accident fatalities statewide in 2023.
- When filing any civil case, settlement is usually much faster than litigation. If the defendant accepts liability and agrees to pretrial settlement negotiations, a skilled attorney may be able to negotiate a settlement relatively quickly compared to what you could expect in litigation. However, this is not an option for every wrongful death case, and some of these cases must be resolved in litigation.
These are just a few of the potential factors that may extend a wrongful death case’s timetable in California. There are a few things you can do that could reduce the time it takes you and your family to resolve this case, and one of the most important is hiring an experienced California wrongful death attorney to represent you.
Generally, any wrongful death case that requires litigation will take much longer to resolve than settling the case privately. When you need to litigate a wrongful death claim, it can take months just to complete pretrial motions and discovery, and then courtroom sessions could also extend over several months. If litigation is unavoidable in your case, your attorney can explain what to expect and may identify opportunities to streamline your case proceedings.
The attorneys at Bentley & More LLP have years of proven experience handling a wide range of complex personal injury cases for clients throughout California, including wrongful death claims. We are confident that we can help you pursue accountability and compensation, but you have limited time to gather the evidence you need to build a strong case. Reach out to our team of attorneys to learn more about our legal services and how we can help you resolve a wrongful death case.
FAQs
How Do You Prove Liability for a Wrongful Death?
Proving liability for a wrongful death requires various forms of evidence that you may not know how to obtain on your own. The evidence your case requires largely depends on the nature of the fatal accident in question. For example, a California wrongful death attorney can help you obtain police reports, witness statements, and vehicle computer data to help you prove fault for a fatal car accident.
What Are the Penalties for Causing a Wrongful Death in California?
The penalties for causing a wrongful death in California may extend beyond liability for the surviving family’s damages. If the defendant broke the law in any way, they are also likely to face criminal charges from the state, and the penalties for most criminal offenses in California increase automatically when a defendant has caused a fatal injury. Your attorney can explain how any such details could influence your case.
What Is a Wrongful Death Claim Worth in California?
In California, the value of a wrongful death claim depends on several factors. Your California wrongful death attorney can help you claim compensation for lost financial support, funeral and burial expenses, and the loss of companionship you and your family have experienced from the unexpected loss. Hire a wrongful death lawyer as soon as possible after the fatal accident so they can accurately calculate the full scope of damages your family is eligible to claim.
How Long Does Settlement Take for a Wrongful Death Claim?
The time that settlement takes for a wrongful death claim largely depends on whether the parties involved can negotiate a mutually acceptable settlement. If the defendant accepts liability and there is minimal dispute over the damages the plaintiff is claiming, then settlement may only take a few weeks to a few months.
Why Do I Need to Hire a Wrongful Death Lawyer?
You need to hire a wrongful death lawyer to have the greatest chance of success with your case. Even if liability for your family member’s death appears obvious to you, any wrongful death case can potentially raise various legal challenges that you will need an attorney’s help to resolve. Hiring legal counsel dramatically improves your chances of reaching a favorable outcome within a reasonable timeframe.
Get the Legal Representation You Deserve
The attorneys at Bentley & More LLP have years of experience representing California clients in a wide range of difficult cases, including wrongful death claims. If you believe that another party caused your family member’s death, we can help you pursue accountability. It’s important to start building this case as soon as possible, so contact us today to schedule your free consultation with an experienced California wrongful death attorney.
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About the author: Greg Bentley
Co-Founder & Trial Lawyer at Bentley & More LLP
Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.
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