California Wrongful Death
Wrongful Death Claims in California
A California wrongful death claim belongs to specific surviving family members, not to the person who died, and it compensates them for what they personally lost when someone else’s negligence or wrongful act ended a life. Code of Civil Procedure section 377.60 sets out who may bring the claim, starting with the surviving spouse or domestic partner, children, and the issue of deceased children. Most cases must be filed within two years of the death, and far sooner if a public entity is involved. A second and separate claim, the survival action, belongs to the estate and recovers losses the decedent suffered before dying. The rules on what that action can recover changed on January 1, 2026.
If you are reading this a few days or a few weeks after losing someone, we understand that a legal page is not what you want to be doing. This one is written to give you accurate answers without pressure. Nothing here needs to be decided today.
Standing
Who Has the Right to Bring the Claim
California does not let anyone who grieves file a wrongful death case. Code of Civil Procedure section 377.60 creates a hierarchy, and it matters:
- First tier. The surviving spouse, domestic partner, children, and the issue of any deceased children. If none of those survive, the people who would inherit the decedent’s property by intestate succession, often parents or siblings.
- Financially dependent relatives. A putative spouse and their children, stepchildren, parents, or a legal guardian may sue if they were dependent on the decedent for support, regardless of where they fall in the intestacy order.
- A dependent minor in the household. A child who lived in the decedent’s home for the 180 days before the death and depended on the decedent for at least half of their support may bring a claim.
California treats wrongful death as a single, indivisible cause of action. That means all eligible heirs must be joined in one lawsuit. You cannot have three siblings filing three separate cases against the same driver. In practice, one or more heirs file and the others are named as necessary parties. If heirs are estranged or cannot agree, that is a solvable problem, not a reason to delay. The court ultimately determines each person’s share of any award.
Some of the hardest early conversations involve people who clearly loved the decedent but are not on this list: an unmarried long-term partner who was never a registered domestic partner, or a sibling where a spouse or child survives. That result is often painful and it is what the statute says. It is worth having a lawyer look at the specific facts, because dependency and putative-spouse questions turn on details.
Two Claims, Not One
The Wrongful Death Claim and the Survival Action
Almost every California death case is really two cases filed together, and understanding the difference explains a lot about how these matters are valued.
The wrongful death claim: the family’s losses
Under Code of Civil Procedure section 377.61, the jury may award damages that are just under all the circumstances. In practice that covers the financial support the decedent would have contributed over their life expectancy, the value of household services they provided, funeral and burial expenses, and the loss of the decedent’s love, companionship, comfort, care, moral support, and, for a spouse, intimacy. There is no cap on these damages in an ordinary negligence case; the MICRA cap applies only when the death arose from professional negligence by a health care provider.
What California does not allow in a wrongful death claim is compensation for the survivors’ own grief, sorrow, or mental anguish as such, and it does not allow the family to recover for the decedent’s pain and suffering. That last piece belongs to the other claim.
The survival action: the decedent’s own claim
Under Code of Civil Procedure section 377.30, a claim that belonged to the person who died does not disappear with them. It passes to the estate and is brought by the personal representative or, if there is none, by the successor in interest. A survival action recovers the losses the decedent incurred between the injury and the death, such as medical bills and lost earnings during that period, and it is also the vehicle for punitive damages where the conduct was despicable.
What Changed on January 1, 2026
Senate Bill 447 temporarily amended Code of Civil Procedure section 377.34 to let a survival action recover the decedent’s pain, suffering, and disfigurement. That window applied to cases granted trial preference before January 1, 2022, or filed on or after January 1, 2022 and before January 1, 2026. The Legislature did not extend it, and the provision sunset. For actions filed on or after January 1, 2026, the survival action once again cannot recover the decedent’s pain and suffering.
One important exception survives: in an action for elder or dependent adult abuse under the Welfare and Institutions Code, where the heightened proof standard is met, section 377.34’s limitation does not apply, though the recovery is bounded by the MICRA figure. If your case involves a nursing home or residential care facility, that distinction can be decisive.
Deadlines
How Long the Family Has to Act
The general deadline for a wrongful death action arising from negligence is two years from the date of death. Several situations shorten or change that:
- A public entity is involved. If a city, county, transit agency, school district, or the State may be responsible, whether through a dangerous roadway, a public bus, or a county hospital, a written government claim generally must be presented within six months of the death before any lawsuit is possible. This is the deadline that most often destroys otherwise strong cases.
- Medical negligence caused the death. The malpractice limitations rules apply, along with the 90-day notice of intent under CCP section 364. See our medical malpractice page.
- Minor heirs. A child’s claim may be tolled during minority, but adult heirs’ claims are not, and because wrongful death is one indivisible action, waiting is rarely wise.
- The survival action. It carries its own timing rules, and it may require opening a probate estate or preparing a successor-in-interest declaration before it can be filed.
Evidence
What the Case Is Built From
Liability evidence depends on how the death happened: the traffic collision report and any coroner’s or autopsy findings, vehicle event data recorder downloads, commercial carrier logs and maintenance records, surveillance video, scene photographs and measurements, 911 audio and dispatch logs, OSHA or Cal/OSHA findings in a workplace death, and the complete medical chart if the death followed treatment. Much of this evidence is perishable. Video is overwritten in days, physical evidence is repaired or scrapped, and memories fade. Sending preservation letters early is one of the most useful things a lawyer does in the first week.
Damages evidence is more personal, and it is where families have the most say. Tax returns, pay records, and benefit statements establish financial contribution; an economist projects it over the working life. But the human side of the case, the relationship that was lost, is proven through the people who knew them. Photographs, videos, letters, and the testimony of family, coworkers, coaches, and neighbors are what make a decedent real to a jury. Families are often asked to gather these materials, and many find that part of the process meaningful rather than intrusive.
The Other Side
How Insurers Defend a Death Case
It is worth knowing in advance what the defense will do, because some of it feels cruel when it arrives without warning.
- Comparative fault of the person who died. California reduces recovery by the decedent’s share of fault, so expect an argument that they were speeding, distracted, jaywalking, or ignoring a warning.
- Attacking the relationship. Estrangement, divorce filings, infrequent contact, and old family conflict are used to argue the loss of companionship was small. Defense counsel will look at social media and may take the depositions of every heir.
- Contesting who the heirs are. Disputes over paternity, marriage validity, or dependency can be raised to reduce or divide the claim.
- Arguing the death was inevitable. In medical and toxic exposure cases, the defense frequently contends the underlying illness, not the defendant’s conduct, caused the death.
- An early, low offer while the family is overwhelmed. Sometimes a quick offer is fair. Often it arrives before anyone knows the full extent of available coverage or the identity of every responsible party.
Common mistakes on the family’s side are mostly mistakes of timing and trust: giving a recorded statement to the at-fault party’s adjuster, signing a release or broad medical authorization, allowing a vehicle to be scrapped before it is inspected, missing a six-month government claim deadline, and settling with one defendant without understanding how that affects claims against the others. Underinsured motorist coverage on the decedent’s own policy is also routinely overlooked, and it has its own notice requirements.
Common Questions
Frequently Asked Questions
Who can file a wrongful death lawsuit in California?
Under CCP section 377.60, the surviving spouse or registered domestic partner, children, and issue of deceased children come first; if there are none, those who would inherit by intestate succession. Certain financially dependent people may also sue, including a putative spouse, stepchildren, parents, or a legal guardian, as may a dependent minor who lived in the household for the prior 180 days. All eligible heirs belong in one action.
Can we recover for our loved one’s pain before they died?
Not in the wrongful death claim, which compensates the family’s own losses. It was available in a survival action for cases filed between January 1, 2022 and January 1, 2026 under SB 447, but that provision sunset and was not extended, so actions filed on or after January 1, 2026 cannot recover the decedent’s pain and suffering. Elder and dependent adult abuse actions are treated differently. Because the answer turns on filing date and claim type, this is worth checking on your specific facts.
How long do we have to file?
Generally two years from the date of death. If a government entity may be at fault, a written claim is usually due within six months, and medical negligence cases follow their own shorter rules. If there is any chance a public agency is involved, treat the deadline as six months and get advice quickly.
Does a criminal case have to finish first?
No. The civil case is separate and proceeds on a lower burden of proof. A person acquitted of a crime can still be held civilly liable. Waiting for the criminal case to conclude can run out the civil deadline, so the two tracks are usually handled in parallel.
What if our family member was partly at fault?
California uses pure comparative fault. Shared responsibility reduces the recovery in proportion to the decedent’s percentage of fault, but it does not bar the claim. Do not assume a case is worthless because the police report assigned some blame; those reports are frequently incomplete and are not binding.
What does it cost to talk to a lawyer?
Nothing. Consultations are free and these cases are handled on a contingency fee, with no fee unless we win. A first conversation is often just a lawyer explaining what the deadlines are and what evidence needs to be preserved, with no obligation on your part.
What Happens Next
How a Wrongful Death Case Moves Forward
Most wrongful death claims are resolved without a lawsuit ever being filed. That stretch of the case has its own steps, and knowing them makes the wait easier to understand. Our guide to the pre-litigation process walks through medical treatment, records collection, the demand letter, and settlement negotiation.
When a claim cannot be settled on fair terms, the next step is filing suit. Our guide to the litigation process covers each stage of a California lawsuit, from the complaint through discovery, mediation, and trial.
When You Are Ready
A Conversation, Not a Commitment
No case brings anyone back, and no lawyer should pretend otherwise. What a case can do is hold the responsible party accountable and provide for the people who depended on the person you lost. If you want to understand your options, or just find out what the deadlines are so nothing is lost by waiting, we are glad to talk it through.
Wave Law Firm offers free consultations, works on a contingency fee, and answers the phone 24 hours a day. We travel to clients anywhere in California, with offices in Los Angeles and Santa Cruz. Hablamos Español.
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This page is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, so speak with a lawyer about your situation.