Wrongful Death Lawyer in Thousand Oaks & Westlake Village, CA

Name: Wrongful Death
Brand: The Swanson Law Group
Rating: 4.9 (72 reviews)

Losing someone you love due to another’s negligence is a devastating experience, one that leaves lasting emotional and financial scars. At The Swanson Law Group, our wrongful death attorneys serving Thousand Oaks and Westlake Village are here to stand by your side, offering compassionate guidance and relentless advocacy during this difficult time.

Wrongful Death Claims Can Provide Critical Financial Relief to Grieving Families

When a family loses a loved one who contributed financially, such as a spouse, parent, or child, the sudden absence can leave them struggling to make ends meet. Pursuing a wrongful death claim may help secure the compensation needed to cover lost income, funeral costs, and other burdens. While no amount of money can replace a life, holding the responsible party accountable can offer a measure of justice and help families move forward after an avoidable tragedy.

What Is a Wrongful Death Claim?

In California, surviving family members, or the estate of the deceased, may pursue a wrongful death claim if a person’s life was lost due to someone else’s negligence, recklessness, or intentional misconduct.

Wrongful death claims can arise from a wide range of fatal incidents, including:

Car accidents
Truck collisions
Motorcycle crashes
Bicycle accidents
Pedestrian injuries
Dangerous property conditions (premises liability)

If you’ve lost a loved one in Thousand Oaks or Westlake Village due to someone else’s wrongdoing, our wrongful death attorneys are here to help you navigate your legal options with compassion and strength.

How Do I Prove a Wrongful Death Claim?

A valid wrongful death case typically requires proving the following key elements:

Duty of Care: The defendant owed a legal duty to the deceased. For example, drivers must operate vehicles safely, and property owners must maintain safe premises.
Breach of Duty: The defendant failed to uphold that duty through negligence, recklessness, or intentional actions.
Causation: The defendant’s breach directly caused or significantly contributed to the death.
Damages: The death resulted in measurable losses to surviving family members, such as financial support, funeral costs, or emotional suffering.

Evidence in a wrongful death case may include:

Police or accident reports
Medical records and autopsy findings
Eyewitness testimony
Expert analysis (e.g., accident reconstruction or medical evaluation)
Financial documentation showing lost income or support

Who Can Be Held Legally Liable for Wrongful Death in California?

In California, any individual or entity whose negligence, recklessness, or intentional misconduct directly causes a person’s death may be held legally liable in a wrongful death lawsuit. This includes a wide range of potential defendants, depending on the circumstances of the fatal incident.

Under California Code of Civil Procedure § 377.60, a wrongful death claim may be brought by specific surviving relatives or the personal representative of the deceased's estate. The claim seeks to hold the responsible party accountable for the harm their actions caused.

Examples of parties who can be held liable include:

Drivers involved in fatal car, truck, or motorcycle accidents
Employers who fail to provide a safe work environment
Medical professionals whose negligence results in a patient’s death (medical malpractice)
Manufacturers of defective or dangerous products
Property owners who fail to address hazardous conditions (premises liability)
Criminal offenders in cases of assault or other intentional acts
Public entities or government agencies, when applicable under the California Government Claims Act

Liability may also be shared among multiple parties. For example, in a commercial truck accident, both the driver and the trucking company could be legally responsible. California follows a comparative fault rule, meaning that liability can be divided based on the percentage of fault each party holds (CACI No. 405. Comparative Fault of Plaintiff: California Civil Jury Instructions (CACI) (2025): Justia).

What Compensation Can I Get for a California Wrongful Death Claim?

Economic Damages

These are financial losses directly resulting from the death, and may include:

Loss of the decedent’s expected earnings and financial support
Loss of benefits or gifts the heirs would have received
Funeral and burial expenses
The value of household services that the deceased would have provided

Non-Economic Damages

These compensate for the intangible, personal losses suffered by the family, including:

Loss of love, companionship, comfort, and care
Loss of guidance, training, and moral support
Loss of consortium (for spouses)

These types of damages are further explained in California Civil Jury Instructions (CACI) No. 3921, which outlines the recoverable losses in a wrongful death of an adult.

Limitations and Special Cases

Punitive damages are not available for standard wrongful death claims. However, if a survivor action is filed under California Code of Civil Procedure § 377.30 in conjunction with the wrongful death claim, additional compensation (including punitive damages) may be pursued for the pain and suffering the decedent experienced prior to death.

Additionally, in medical malpractice cases, California limits non-economic damages under the Medical Injury Compensation Reform Act (MICRA). Starting in 2023, this cap is $500,000 for wrongful death, increasing gradually each year.

Do I Need a Lawyer for a California Wrongful Death Case?

While you are not legally required to have an attorney to file a wrongful death claim in California, having a lawyer is strongly recommended, especially given the emotional complexity, legal nuances, and high financial stakes involved.

An experienced wrongful death attorney can help by:

Identifying all liable parties
Preserving and gathering time-sensitive evidence
Accurately valuing your economic and non-economic damages
Navigating negotiations with insurance companies
Filing court documents on time and in compliance with California law

In most cases, you have two years from the date of death to file a wrongful death lawsuit in California. This deadline is outlined in California Code of Civil Procedure § 335.1.

However, shorter deadlines may apply in specific situations, for example, if the claim involves a government agency, you typically must file an administrative claim within six months under the aforementioned California Government Claims Act. Missing these deadlines may permanently bar your ability to recover compensation, no matter how strong your case is.

Why Choose Us as Your California Wrongful Death Lawyers?

The Swanson Law Group brings decades of combined legal experience, proven courtroom success, and deep compassion to every wrongful death case we take on, including those involving wrongful death in Thousand Oaks. Led by founding attorney Ben Swanson, a fierce trial lawyer with a personal understanding of hardship and loss, we fight relentlessly to hold negligent parties and insurance companies accountable.

We’ve secured millions in compensation for grieving families across California, earning a reputation for high-value results in even the most complex cases. Our legal team combines strategic litigation skills with real-world empathy, offering you representation, partnership, support, and clarity during the most painful chapter of your life.

As a firm rooted in justice and built to empower the underserved, we ensure that every client is heard, respected, and protected. You’ll never pay us upfront—we work on a contingency basis, meaning you don’t pay unless we win. We also speak multiple languages, offer 24/7 access, and provide the medical and financial resources you need to start healing.

Simply put, we’re here to help. Contact us today to book your case evaluation and learn more.