Wrongful Death Claims in California: What Families Should Know
Losing a loved one is devastating under any circumstance — but when that loss is caused by someone else’s negligence or misconduct, the pain is compounded by the injustice. In California, the law allows surviving family members to seek compensation through a wrongful death claim. While no amount of money can bring back a loved one, holding the responsible party accountable can offer a sense of justice and financial stability during a difficult time.
If you’ve lost someone due to another’s negligence, here’s what you need to know.
What Is Considered a “Wrongful Death” in California?
A wrongful death occurs when someone dies as a result of another person or entity’s wrongful act or negligence. This could include:
- A fatal car, truck, or motorcycle accident caused by a reckless driver
- A deadly slip and fall on unsafe property
- Medical malpractice that leads to death
- A criminal act, even if the defendant isn’t convicted
- Defective products or dangerous conditions
Under California law (Code of Civil Procedure § 377.60), certain family members are allowed to bring a wrongful death lawsuit against the at-fault party.
Who Can File a Wrongful Death Claim?
In most cases, the following people are eligible to bring a wrongful death lawsuit in California:
- The surviving spouse or domestic partner
- Children of the deceased
- Stepchildren, parents, or others who were financially dependent on the decedent, in some cases
If multiple people are eligible, they must all be part of one single wrongful death action. California does not allow separate lawsuits from different family members for the same death.
What Damages Can Be Recovered?
A wrongful death lawsuit can seek compensation for both economic and non-economic losses, including:
Economic Damages:
- Funeral and burial expenses
- Loss of financial support the deceased would have provided
- Loss of household services (e.g., cooking, cleaning, child care)
Non-Economic Damages:
- Loss of companionship, love, care, comfort, and guidance
- Loss of consortium (for a surviving spouse or partner)
Note: Unlike some states, California does not place a cap on non-economic damages in most wrongful death claims (though exceptions apply in medical malpractice cases).
How Long Do You Have to File?
In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. Missing this deadline can result in permanently losing your right to file — so it’s important to act promptly.
There are exceptions in certain cases—such as when a government entity is involved—so it’s essential to consult a knowledgeable attorney as soon as possible.
What’s the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim compensates the family for their losses due to the death.
A survival action, on the other hand, allows the estate to recover damages the decedent could have claimed had they lived — such as medical bills, lost wages, or pain and suffering endured before death.
Often, both claims are filed together as part of the overall case strategy.
Do You Need a Lawyer for a Wrongful Death Claim?
Wrongful death cases are legally complex and emotionally taxing. Insurance companies often try to limit payouts, and proving liability can involve significant investigation, expert testimony, and negotiation.
An experienced wrongful death attorney can help you:
- Identify liable parties
- Preserve key evidence
- Accurately calculate damages
- Handle all legal filings and negotiations
- Fight for justice on your behalf
Final Thoughts
The death of a loved one leaves a void that cannot be filled — but pursuing a wrongful death claim can help secure your family’s future and provide a sense of closure. If you’re navigating this difficult road, you don’t have to do it alone.
We’re here to answer your questions with compassion, and to help you understand your rights and options every step of the way.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance based on your circumstances, contact our office directly.