Can adult children and a spouse all be part of the same case?
Yes. Section 377.60 contemplates a single action brought on behalf of all the eligible heirs rather than separate suits, which is one reason identifying everyone early matters.
Beverly Hills, California
Beverly Hills Wrongful Death Lawyer
California limits who may bring a wrongful death action: generally the surviving spouse or registered domestic partner and the children, and where there are none, those who would inherit by intestate succession together with certain dependent family members (Code of Civil Procedure § 377.60). A separate survival action belongs to the estate. Getting the right people named at the start avoids a painful correction later.
No Fee Unless You Win · Serving injured people in Los Angeles County since 2000
Beverly Hills at a glance
- Investigating agency
- Beverly Hills Police Department, 464 N. Rexford Dr, with the Los Angeles County Medical Examiner responsible for the examination and the death certificate.
- If a public entity may be responsible
- A written claim is generally due within six months (Government Code § 911.2) — to the City of Beverly Hills, City Clerk, 455 N. Rexford Dr, or to Caltrans where the state highway alignment of Santa Monica Boulevard is involved.
- Medical settings nearby
- Cedars-Sinai Medical Center sits immediately east of the city and much of Beverly Hills is medical and surgical office space, so some cases raise Code of Civil Procedure § 340.5 rather than the general two-year period.
What the two claims cover
The wrongful death claim compensates the family for financial support, household services and the loss of the relationship (Code of Civil Procedure § 377.61). The survival action, brought by the personal representative or successor in interest under § 377.30, carries what the person's own claim would have been.
Both are usually filed together. Who serves as successor in interest, and whether probate is needed, is a question worth answering before filing rather than after.
Deadlines and early steps
Two years from the death is the general rule (Code of Civil Procedure § 335.1). A public entity defendant triggers the six-month claim requirement in Government Code § 911.2. A death following medical care is governed by § 340.5, which works differently and can be shorter.
In the meantime we obtain the BHPD report and Medical Examiner records, demand preservation of vehicle, premises or facility evidence, and take the insurers and investigators out of the family's day.
How we help
- We identify the proper plaintiffs under § 377.60 before anything is filed
- We obtain police, Medical Examiner and treatment records
- We track the six-month government claim deadline where an entity is involved
- We handle every insurer and investigator contact
Frequently Asked Questions
The death happened during medical treatment. Is that the same kind of case?
It is still a wrongful death claim, but a different limitations framework applies under Code of Civil Procedure § 340.5, and the proof requirements differ. Ask early so the correct deadline is being tracked from the start.
What does it cost to hire the firm?
Nothing up front. We work on a contingency fee, so there is no attorney's fee unless we win your case, and the first consultation is free and confidential.
What clients say
On my way to LAX, a truck driver t-boned my car. I was in the hospital for a few days. Hollywood Law Center came to the hospital and took my information. They made sure my hospital bills were taken care of and got me the compensation I deserved.
What I loved about this firm is that they offer free consultations. They were very honest with me about my personal injury case and advised me of the good and the bad. They didn't just tell me what I wanted to hear — it was refreshing to have someone so honest.
Our Hollywood Office
Hollywood Injury Law Center — Bash & Polyachenko P.C.
6253 Hollywood Blvd #205, Los Angeles, CA 90028
Monday – Friday, 9:00am – 6:00pm
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No fee unless you win. Consultations are free, confidential, and available in English and Spanish.
Call (323) 850-0101Disclaimer: This page is general information only and is not legal advice. Reading it or contacting us does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Hollywood Injury Law Center — Bash & Polyachenko P.C. is licensed to practice law in California.