Lost a loved one due to someone’s negligence in Palmdale, CA? Contact a Palmdale wrongful death lawyer to seek justice and compensation.
Losing a family member without warning brings grief that no legal case can erase, along with sudden financial pressure many families never expected. In Palmdale, fatal accidents often happen in crashes on the Antelope Valley Freeway and Pearblossom Highway, pedestrian collisions on busy streets, and preventable incidents caused by careless drivers, property owners, or businesses. While you are planning a funeral and adjusting to life without your loved one, you may also be facing lost income, unpaid medical bills, and calls from insurance companies looking to close the claim quickly.
At Kuzyk Personal Injury & Car Accidents Lawyers, our Palmdale wrongful death lawyers handle the legal fight with care so your family can focus on grieving and supporting one another. California law allows spouses, domestic partners, children, and in some cases other family members to seek compensation for funeral costs, lost financial support, and the loss of love and companionship. We investigate what happened, identify every responsible party, and build a case that reflects the full value of your loss. With decades of experience serving Antelope Valley families, we hold negligent parties accountable and fight for the justice your loved one deserves.
Get a free consultation and discover how our Palmdale wrongful death lawyers can help your family seek the compensation and justice you deserve.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit your family files when someone’s negligence or wrongful act causes a loved one’s death. Unlike a criminal prosecution, the goal is financial accountability: compensation for the losses your family has suffered and will continue to carry.
These cases arise from events we see in the Antelope Valley every year: fatal collisions on the 14 Freeway, commercial truck crashes on Sierra Highway, pedestrian deaths on Palmdale Boulevard, and workplace accidents that were entirely preventable.
Talk to a Palmdale wrongful death attorney today. Call (661) 945-6969, 24/7, free and confidential.
Who Can File a Wrongful Death Claim in California?
California Code of Civil Procedure § 377.60 defines exactly who has legal standing to file a wrongful death action. The right generally follows an order of priority, with an important exception for people who depended on the deceased financially.
Priority Order and Exceptions
- Surviving Spouse or Domestic Partner: The first right to file, alone or alongside surviving children.
- Children: All surviving children share equal filing rights alongside a surviving spouse or domestic partner.
- Grandchildren: If a child of the deceased has also passed, their children may step into their parent’s place.
- Parents: May file if there is no surviving spouse, domestic partner, child, or grandchild, or at any time if they were financially dependent on the deceased.
- Financial Dependents: A putative spouse, stepchildren, or parents who relied on the deceased for financial support may also file, even when a spouse or children exist.
One Action for All Heirs
California law requires all eligible heirs to bring a single, consolidated lawsuit, not separate individual filings. We manage every heir involved, coordinate strategy when family members see things differently, and present a unified position to the insurance company throughout.
One pattern we consistently see in Antelope Valley wrongful death cases is family members who are unsure whether they have the right to file, especially adult children living out of state or a stepparent who depended on the deceased. Those questions often delay the first call by weeks. We sort out standing in the first meeting so the evidence and the deadlines are protected while the family decides how to proceed.
What Damages Can Your Family Recover?
California wrongful death law compensates your family for both the financial support your loved one provided and the personal presence they can no longer give. What you win and what you keep are two different numbers, and we fight for both.
Economic Damages
- Funeral and Burial Costs: All documented expenses to lay your loved one to rest.
- Loss of Financial Support: The income your loved one would have earned and contributed to your family over their lifetime.
- Loss of Benefits: Health insurance, pension contributions, and retirement savings that disappeared with them.
- Loss of Household Services: The replacement cost of childcare, home maintenance, and other daily contributions your loved one made.
Non-Economic Damages
These cover losses with no price tag: your loved one’s companionship, guidance, love, and support, including, for a surviving spouse, physical affection and intimacy. California does not allow recovery for your personal grief, but it fully recognizes the value of everything the deceased provided to those who survive them.
Survival Actions and Punitive Damages
A survival action is a separate claim filed by the deceased’s estate, not the surviving heirs, to recover losses the deceased suffered before they died, including medical bills and, in egregious cases such as drunk driving, punitive damages. We file both claims whenever the facts allow.
Wrongful Death Claim | Survival Action | |
Filed by | Surviving heirs | Deceased’s estate |
Recovers | Family’s losses after death | Deceased’s losses before death |
Punitive Damages | Not available | Available for egregious conduct |
“Insurance companies want to hold onto their money as long as they can, and as much of it as they can.” – Mark Anderson
What Is the Filing Deadline for California Wrongful Death Cases?
You have two years from the date of your loved one’s death to file a wrongful death lawsuit. Miss that deadline and the court closes the door permanently.
When Government Entities Are Involved
The timeline compresses significantly when a public agency contributed to the death. If Caltrans, the City of Palmdale, or Los Angeles County is involved, you must file a formal government tort claim within six months under Government Code § 911.2. Missing that window can eliminate your right to sue the government. A late claim application is possible only in narrow circumstances, so it is never something to count on.
Deadlines close fast. Call (661) 945-6969 for a free case review before time runs out.
A tactic we see repeatedly in fatal crash cases on Sierra Highway and Pearblossom Highway is a public agency running out the six-month claim deadline while the family is still grieving. If Caltrans or Los Angeles County maintained the road, the claim has to be presented before any lawsuit can be filed. We present the government claim early, often while the Sheriff’s Department or CHP investigation is still open.
How We Build Your Case and Pursue Every Available Dollar
Establishing fault is the foundation of every wrongful death case. The more clearly we connect the death to another party’s negligence, the stronger your position, at the negotiating table and in the courtroom.
Liable Parties We Investigate
Wrongful death cases often involve more than one responsible party. We pursue all of them.
- The Driver: The person whose direct conduct caused the fatal accident.
- The Employer: When the driver was on the job, respondeat superior, the rule holding employers liable for employees’ on-the-job conduct, may apply.
- The Trucking Company: For federal safety violations, equipment failures, or inadequate driver screening.
- The Property Owner: When a dangerous condition caused a fatal fall or assault.
- The Government: When a road hazard, missing signal, or flawed intersection design contributed to the death.
We also pursue every available insurance layer, including commercial policies, umbrella coverage, and employer coverage alongside primary auto limits. We build every case as if it will go to trial, and that preparation consistently forces insurers past their first number.
What we see across fatal crash cases on the 14 Freeway is that the most detailed reconstruction often comes from the CHP’s Multidisciplinary Accident Investigation Team, and that report can take months to complete. We do not wait for it. We send preservation letters for vehicle data, dashcam footage, and business video in the first week, so the evidence is secured before the official report is finished.
What Is a California Wrongful Death Case Worth?
There is no cap on compensatory damages in most California wrongful death cases. However, wrongful death claims based on medical malpractice are subject to statutory caps under AB 35. The value depends entirely on your specific facts: earning capacity, number of dependents, available insurance, and the strength of your liability evidence. No two families’ losses are identical.
The insurance company will give you a number first. Our job is to make sure it is the right one.
- An initial low offer was rejected, and we secured a significantly larger settlement for the family.
Over the past several decades, we have secured meaningful recoveries for families affected by wrongful deaths. We do not settle for what insurers offer at the opening. We fight for what the case is actually worth.
“There’s a lot of moving parts to a successful personal injury case. Unless you do it for a living, you wouldn’t know those moving parts.” – Mark Anderson
What Does It Cost to Hire a Palmdale Wrongful Death Attorney?
We handle all wrongful death cases on a contingency fee basis. You pay nothing unless we win. We advance all case costs, from expert witnesses to court filing fees to depositions, and recover them only from the final settlement. Our fee percentage is put in writing before we begin.
After a case resolves, hospitals, health plans, Medicare, and Medi-Cal commonly file liens, which are legal demands for repayment from your settlement funds. We negotiate those liens down aggressively, keeping more money in your family’s hands rather than sending it back to a health plan.
Winning matters. But what you keep matters more.
Ask us what your family would actually take home. Call (661) 945-6969. There is no fee unless we win.
“We have never been thru a lawsuit before, and was really surprised at the amount of paper work involved! I am also amazed at the amount of work involved in these things. Mark always was my professional and always explained my millions of questions. I feel like he really cared for my well-being and I appreciate that. We really thank you Mark & Ava!” – Marilyn R.
Why Hire Kuzyk Personal Injury & Car Accident Lawyers?
Walt Kuzyk founded this firm in Lancaster, and our primary office is located at 1700 W. Avenue K, not a satellite location or a remote intake center. We represent only injury victims and their families, never insurance companies or corporations.
Many new clients come to us through referrals from past clients, local physicians, and attorneys who trust us with people in the hardest moments of their lives. We know the insurance adjusters who handle Palmdale and Lancaster claims, their tactics, and their limits. They know that when we say we are ready for trial, we mean it.
“Working with Kuzyk Law was a tremendous relief because they immediately stepped in and handled everything with such care and expertise, and I instantly felt like I had a strong team on my side. They were always available to answer my questions, which made the whole process feel much less overwhelming, and they consistently kept me informed so I never felt left in the dark. Their determination to fight for my best interests was evident from start to finish, and I am beyond thankful for the outcome they achieved.” – Kate S.
Wrongful Death Cases We Handle in Palmdale and the Antelope Valley
We represent families in wrongful death cases arising from car, motorcycle, and commercial truck accidents, pedestrian and bicycle fatalities, DUI collisions, workplace and construction accidents, medical malpractice, defective product failures, and premises liability incidents.
Talk to Our Palmdale Wrongful Death Team for Free
Call (661) 945-6969 any time, day or night. Free consultations, no obligation, no fee unless we win. We serve Palmdale, Lancaster, Rosamond, Quartz Hill, Littlerock, Pearblossom, Mojave, and Tehachapi. Hablamos español.
Frequently Asked Questions About Palmdale Wrongful Death Cases
How Much Can a California Wrongful Death Lawsuit Recover?
In most cases, there is no cap on compensatory damages, with medical malpractice claims as the exception. The value depends on the deceased’s earning capacity, number of dependents, strength of the liability evidence, and total available insurance across all responsible parties.
How Hard Is It to Prove Wrongful Death in California?
The strength of your case depends on how clearly negligence caused the death and how quickly critical evidence is preserved. Cases with strong early documentation tend to resolve more favorably and with less litigation.
Do Surviving Heirs Need Probate Court to File a Wrongful Death Claim?
The wrongful death claim itself does not require probate. However, if we also file a survival action to recover the deceased’s own losses before death, that claim is brought by the estate’s personal representative or a successor in interest, which sometimes requires opening a probate estate. We handle that step as part of your case.
Can Your Family Recover Damages if Your Loved One Was Partly at Fault?
Yes. California’s pure comparative negligence rule reduces your recovery by your loved one’s percentage of fault but never bars it entirely, even when they share significant responsibility for the accident.
How Is a Wrongful Death Settlement Divided Among Multiple Heirs?
Heirs can negotiate their own private allocation. If they cannot agree, the court distributes the funds, and any portion belonging to a minor child is placed in a court-approved blocked account until the child turns 18.
Can a Wrongful Death Civil Case Proceed During a Criminal Investigation?
Yes. The civil case does not wait for criminal proceedings to conclude. A criminal conviction strengthens the civil case, but an acquittal does not bar your family from winning in civil court, where the standard of proof is lower.
Kuzyk Personal Injury & Car Accidents Lawyers is proud to support the Antelope Valley community. Over the years, we have received awards and certificates of appreciation from local organizations and charitable partners, including area schools and youth sports programs such as Quartz Hill Little League, Palmdale Youth Soccer League, Quartz Hill soccer, Quartz Hill High School basketball, and local football programs, as well as community institutions like Grace Resource Center, Antelope Valley Hospital, and the Los Angeles County Sheriff’s Department.