Losing a family member due to someone else’s negligence or wrongful act is one of the most devastating experiences a family can endure. While no amount of money can replace your loved one, California’s wrongful death laws exist to provide financial support to surviving family members and hold negligent parties accountable. This guide explains your rights and what to expect from a wrongful death claim in California.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought by surviving family members against the party whose negligence, recklessness, or intentional act caused their loved one’s death. California’s wrongful death statute is found in Code of Civil Procedure §377.60–377.62.
Wrongful death claims are separate from any criminal case that may arise from the same incident. The criminal case is prosecuted by the government; the wrongful death lawsuit is brought by the family. Even if the at-fault party is not convicted criminally, the family may still prevail in a civil wrongful death action.
Common Causes of Wrongful Death in California
Wrongful death claims arise from many types of fatal incidents, including:
- Car, truck, and motorcycle accidents caused by negligent or drunk drivers
- Pedestrian and bicycle accidents
- Medical malpractice — surgical errors, misdiagnosis, medication errors
- Defective products — dangerous vehicles, equipment, or consumer goods
- Workplace accidents — construction falls, industrial accidents
- Premises liability — slip and falls, dangerous property conditions
- Dog attacks resulting in fatal injuries
- Intentional violence — assault, homicide
Who Can File a Wrongful Death Claim in California?
California law limits who may bring a wrongful death lawsuit. Under CCP §377.60, the following parties have standing to sue:
- Surviving spouse or domestic partner
- Surviving children (including adult children)
- Grandchildren, if the deceased’s children have also passed away
- Any person who was financially dependent on the deceased, including putative spouses, stepchildren, or parents, if there is no surviving spouse or children
If multiple heirs exist, they must typically join in a single lawsuit or have their claims consolidated. The court will then apportion damages among the heirs based on each person’s relationship to the deceased and the extent of their loss.
The Survival Action: A Different (But Related) Claim
In addition to a wrongful death claim, California law permits a survival action (CCP §377.30). This claim is brought by the deceased’s estate — not family members directly — and recovers damages that the deceased person could have pursued had they survived, including:
- Medical expenses incurred before death
- Lost earnings from the time of injury to the time of death
- Property damage
- Pain and suffering the deceased experienced before death (only in certain circumstances)
Wrongful death and survival claims are often filed together by a California personal injury attorney to maximize the family’s total recovery.
What Damages Can Family Members Recover?
California’s wrongful death statute allows surviving family members to recover economic and non-economic damages for their own losses — not the deceased’s losses (those belong to the survival action).
Economic Damages
- Financial support the deceased would have provided during their expected lifetime
- Loss of gifts and benefits the heirs would have received
- Funeral and burial expenses
- Value of household services the deceased would have performed (childcare, home maintenance, etc.)
Non-Economic Damages
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- Loss of the deceased’s training and guidance (especially for minor children)
- Loss of consortium for surviving spouses
Important limitation: Unlike many other states, California does not allow wrongful death claimants to recover for their own grief, sorrow, or mental anguish. However, the non-economic categories above are interpreted broadly by California courts and can result in substantial awards.
Punitive damages are generally not available in a wrongful death claim itself, but may be available through the survival action if the defendant’s conduct was malicious, oppressive, or fraudulent.
How Is a Wrongful Death Case Value Calculated?
Calculating the value of a wrongful death claim requires detailed expert analysis. Key factors include:
- Age and life expectancy of the deceased at the time of death
- Earning capacity — current income, career trajectory, education, skills
- Work-life expectancy — how many more years they would have worked
- Relationship quality — strength of the bond between the deceased and surviving heirs
- Number of dependents and their ages
- Household contributions — cooking, childcare, home repairs, and other unpaid labor
Economic experts and life expectancy analysts are often retained to present these calculations in a compelling way to insurers or juries.
The Statute of Limitations for Wrongful Death in California
Under CCP §335.1, you have two years from the date of death to file a wrongful death lawsuit in California. If you miss this deadline, your claim will almost certainly be dismissed regardless of its merits.
Exceptions that may extend the deadline:
- Government defendants: If a government entity or employee caused your loved one’s death (such as a city bus, government vehicle, or public hospital), you must file a government tort claim within six months of the death before you can sue
- Minor children: The statute is tolled (paused) until the minor child turns 18 in some circumstances — but this is complex and should be verified by an attorney
- Discovery rule: In cases where the cause of death was not immediately apparent, the statute may begin upon discovery of the cause
Given these complexities and the non-negotiable deadline, contact a wrongful death attorney as soon as possible.
Steps in a California Wrongful Death Case
- Consult a wrongful death attorney — Most reputable attorneys offer free consultations and handle cases on contingency
- Investigation and evidence preservation — Accident scene investigation, medical records review, witness interviews, expert retention
- Filing the lawsuit — Complaint filed in the appropriate California Superior Court
- Discovery — Both sides exchange evidence, take depositions, and retain expert witnesses
- Mediation and settlement negotiations — The majority of cases resolve without trial
- Trial — If a fair settlement is not reached, your attorney presents your case to a jury
Why You Need an Experienced California Wrongful Death Attorney
Wrongful death cases are among the most complex and emotionally charged in personal injury law. Insurance companies will deploy experienced adjusters and defense attorneys from day one to minimize payouts. Without experienced legal representation, families routinely accept far less than their claims are worth.
An experienced wrongful death attorney will:
- Investigate the cause of death and identify all liable parties
- Preserve critical evidence before it is lost or destroyed
- Retain accident reconstruction experts, medical experts, and economic experts
- Calculate the full present and future value of all damages
- Negotiate aggressively with insurance companies
- Take the case to trial if a fair settlement is not offered
Contact Krash Lawyers — California Wrongful Death Attorneys
At Krash Lawyers, we understand that no amount of money can fill the void left by the loss of a loved one. But we also know that financial security matters for the family members left behind — and that justice matters.
Our California wrongful death attorneys handle cases throughout the state, including Los Angeles, San Diego, San Francisco, San Jose, Sacramento, Long Beach, and beyond. We work on a 100% contingency fee basis — you pay nothing unless we win your case.
Call us at (424) 424-6421 or contact us online for a free, confidential consultation. We are available 24/7 to speak with your family.
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Key California Wrongful Death Statute: CCP § 377.60
California’s wrongful death law is codified in Code of Civil Procedure § 377.60, which defines who may bring a wrongful death action and on what basis. Understanding this statute is critical — it determines whether you have standing to sue, what damages you can recover, and how those damages are allocated among multiple family members. Our attorneys have written a detailed analysis of the statute and its practical implications for families.
→ CCP 377.60 Explained: California’s Wrongful Death Statute — Full Analysis
For questions about your specific eligibility to file a wrongful death claim, contact Krash Lawyers for a free, confidential consultation. We represent families throughout California on a contingency fee basis.
Frequently Asked Questions: California Wrongful Death Claims
Who can file a wrongful death lawsuit in California?
Under California Code of Civil Procedure 377.60, wrongful death claims can be filed by the deceased’s surviving spouse or domestic partner, children, and grandchildren if no children survive. Others who were financially dependent on the deceased, such as putative spouses or stepchildren, may also qualify.
What damages are available in a California wrongful death case?
Survivors can recover economic damages including the deceased’s expected future earnings, loss of household services, and funeral and burial expenses. Non-economic damages include loss of companionship, comfort, care, and affection. Punitive damages may be available in cases of malice or oppression.
How long do I have to file a wrongful death claim in California?
The statute of limitations for wrongful death claims in California is generally two years from the date of death. In cases involving government entities, a government tort claim must be filed within six months of the date of death. Consulting an attorney promptly is essential.
What is the difference between a wrongful death claim and a survival action in California?
A wrongful death claim compensates the surviving family members for their own losses. A survival action is brought on behalf of the deceased’s estate and can recover damages the deceased would have been entitled to, such as medical expenses and pre-death pain and suffering. Both actions can often be filed simultaneously.
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