California Code of Civil Procedure section 377.60, commonly known as CCP 377.60, is the statute that governs wrongful death claims in California. If you lost a loved one due to someone else’s negligence, this law defines who has the right to file a lawsuit and recover compensation for their loss.
Understanding CCP 377.60 is essential for any family member considering a wrongful death claim in California. This guide explains exactly what the statute says, who qualifies to file, and what damages are available.
What Does CCP 377.60 Say?
California Code of Civil Procedure 377.60 states that a cause of action for wrongful death may be brought by the following people on behalf of the decedent’s heirs:
- The surviving spouse or domestic partner of the deceased
- The surviving children of the deceased
- Grandchildren, if no children survive
- Any other person who would inherit from the deceased under California’s intestate succession laws (if no spouse or children survive)
- A putative spouse (someone who had a good faith belief they were married to the deceased)
- Children of a putative spouse
- Stepchildren who were financially dependent on the deceased for half or more of their support
- Parents of the deceased, if they were financially dependent on the deceased
Who Can File a Wrongful Death Lawsuit Under CCP 377.60?
The right to file under CCP 377.60 is not automatic for all family members. California takes a strict approach to standing — meaning not everyone who grieves a loved one qualifies to bring a lawsuit. The primary beneficiaries are spouses, domestic partners, and children. Other relatives may qualify if they can show financial dependency on the deceased.
For example, a parent of an adult child who was not financially dependent on their child would generally not have standing under CCP 377.60. However, if the parent relied on the child for regular financial support, they may qualify.
Similarly, siblings of the deceased typically do not have standing unless they can demonstrate that they would inherit under intestate succession laws and no spouse, children, grandchildren, or parents survive.
What Is the Statute of Limitations for CCP 377.60 Claims?
Under California Code of Civil Procedure 335.1, wrongful death claims must be filed within two years from the date of death. Missing this deadline is generally fatal to your claim — courts will refuse to hear cases filed after the limitations period expires.
Important exceptions and variations:
- Government entity claims: If a government agency is responsible for the death (for example, a city vehicle caused the accident), you must file a government tort claim within six months of the date of death under the California Government Claims Act — before you can sue.
- Discovery rule: In rare cases where the cause of death was not immediately apparent (such as toxic exposure), the two-year period may begin when the connection between the negligence and death was discovered or should have been discovered.
- Minor children: For minor children, the statute of limitations may be tolled (paused) until they reach age 18.
What Damages Are Available Under CCP 377.60?
A successful wrongful death claim under CCP 377.60 can recover two broad categories of damages:
Economic Damages
- Lost financial support: The income and financial contributions the deceased would have provided over their expected lifetime
- Lost household services: The value of cooking, cleaning, childcare, home repairs, and other services the deceased would have provided
- Funeral and burial expenses
- Lost gifts and benefits the survivors would have received
Non-Economic Damages
- Loss of companionship, comfort, and affection
- Loss of care, protection, and guidance
- Loss of moral support and training (particularly important for minor children)
- Mental anguish and grief
Note: Punitive damages are generally not available in California wrongful death actions under CCP 377.60. However, they may be available through a related survival action (CCP 377.30), which can be filed simultaneously.
CCP 377.60 vs. CCP 377.30: What’s the Difference?
These two statutes are often filed together but are legally distinct:
- CCP 377.60 (Wrongful Death): Compensates the surviving family members for their own losses — loss of income, companionship, and support. Filed by the heirs.
- CCP 377.30 (Survival Action): Compensates the estate for what the deceased suffered before death — medical expenses, pain and suffering prior to death, and lost income from the time of injury to death. Filed by the personal representative of the estate or heirs.
Filing both actions together allows the family to recover the fullest possible compensation for all losses stemming from the wrongful death.
Common Causes of Wrongful Death Claims in California
CCP 377.60 applies to any death caused by the wrongful act or neglect of another. Common scenarios include:
- Car, truck, and motorcycle accidents caused by a negligent driver
- Pedestrian accidents involving a distracted or impaired driver
- Premises liability — a death caused by a dangerous condition on someone else’s property
- Medical malpractice — a death caused by a healthcare provider’s negligence
- Workplace accidents caused by an employer’s negligence or a third party’s actions
- Defective products that cause fatal injuries
- Dog attacks resulting in death
How Is Compensation Divided Among Multiple Heirs?
When multiple family members have standing to file under CCP 377.60, the wrongful death recovery is divided among them. California courts divide compensation based on the proportionate impact of the loss on each heir. For example, minor children who were fully financially dependent on a deceased parent will typically receive a larger share than adult children who were financially independent.
All heirs with standing must typically join in a single wrongful death action. If they cannot agree on how to divide the recovery, the court will apportion damages.
Do You Need an Attorney for a CCP 377.60 Claim?
Wrongful death claims are among the most legally complex personal injury cases in California. Establishing standing, proving liability, calculating long-term economic losses, and navigating the litigation process requires experienced legal counsel. Insurance companies are well-prepared to minimize payouts — they have experienced defense attorneys working against you from day one.
At Krash Lawyers, our wrongful death attorneys handle every aspect of CCP 377.60 claims with compassion and aggression. We work on a contingency fee basis — meaning you pay nothing unless we recover compensation for your family.
Related Resources on California Wrongful Death Law
For a full overview of how wrongful death claims work in California — who can file, what damages are available, and how the process unfolds from investigation through settlement — see our practice area page and general guide:
- California Wrongful Death Lawyers — Krash Lawyers Practice Area
- Wrongful Death in California: What Families Need to Know (Complete Guide)
If you have questions about your specific situation, call Krash Lawyers for a free consultation. We serve families throughout California and work on a contingency fee basis — you pay nothing unless we win your case.
Frequently Asked Questions About CCP 377.60
Can I file a wrongful death claim if my family member died in a car accident?
Yes. If another driver’s negligence caused your family member’s death, you may have a wrongful death claim under CCP 377.60. Common causes include distracted driving, drunk driving, running red lights, and speeding. Contact a wrongful death attorney immediately to preserve evidence and meet critical deadlines.
Can siblings file a wrongful death lawsuit in California?
Generally, siblings do not have standing under CCP 377.60 unless no spouse, children, grandchildren, or parents survive the deceased, and the sibling would inherit under California’s intestate succession laws. Each case is unique — consult an attorney to determine your standing.
How long does a wrongful death lawsuit take in California?
Most wrongful death cases settle before trial, typically within one to three years. Cases that proceed to trial take longer. The timeline depends on the complexity of liability, the number of parties, insurance coverage, and whether expert witnesses are needed. An attorney can give you a realistic timeline based on your specific facts.
What if my loved one was partly at fault for their own death?
California follows pure comparative fault. Even if your loved one was partially responsible for the accident that caused their death, your family may still recover compensation under CCP 377.60. Your recovery will be reduced by the deceased’s percentage of fault. For example, if your loved one was 20% at fault and total damages are $1,000,000, you could recover $800,000.
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