Wrongful Death Lawsuit in California: What Families Need to Know
· Wrongful Death · 4 min read
Losing a family member due to someone else's negligence is devastating. California law gives surviving families the right to hold the responsible party accountable — but the rules are complex and the deadlines are strict.
Losing a family member because of someone else's negligence is one of the most devastating experiences a family can endure. California law gives surviving family members the right to hold the responsible party financially accountable through a wrongful death lawsuit. Understanding how these cases work — and acting quickly — is critical to protecting your family's rights.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit filed by surviving family members when a person dies as a result of another party's negligence, recklessness, or intentional misconduct. Common causes include fatal car and truck accidents, workplace fatalities, medical malpractice, premises liability, and deaths caused by defective products.
Unlike a criminal prosecution — which the government brings and which can result in imprisonment — a wrongful death lawsuit is a civil action brought by the family to recover financial compensation for their losses.
Who Can File a Wrongful Death Claim in California?
California Code of Civil Procedure § 377.60 specifies who has standing to file a wrongful death claim:
- Surviving spouse or domestic partner
- Children of the deceased (including adopted children)
- Grandchildren — only if the deceased's children are also deceased
- Other persons who were financially dependent on the deceased — including putative spouses, stepchildren, and parents, in some circumstances
If multiple family members have standing, they must typically file a single joint action — they cannot file separate lawsuits.
Wrongful Death vs. Survival Action: Two Claims, One Case
California law allows two distinct claims to be filed simultaneously in wrongful death cases:
The wrongful death claim compensates the surviving family members for their own losses — loss of financial support, loss of companionship and love, loss of household services, and funeral and burial expenses. This is the primary claim in most cases.
The survival action (California Code of Civil Procedure § 377.30) is filed on behalf of the deceased person's estate and compensates for the pain, suffering, and economic losses the deceased experienced between the incident and their death. If the deceased survived for hours or days before dying, the survival action can be significant.
Both claims can — and usually should — be filed simultaneously by the same attorney.
What Damages Can Your Family Recover?
In a wrongful death claim, the surviving family members can recover:
- Loss of financial support: The income and benefits the deceased would have earned over their expected working lifetime
- Loss of household services: Childcare, cooking, home maintenance, and other services the deceased provided
- Loss of love, companionship, and moral support: The emotional and relational losses suffered by each family member
- Funeral and burial expenses: All reasonable costs
In the survival action, the estate can recover:
- Pre-death medical expenses
- Pre-death pain and suffering (if the deceased was conscious and suffered before death)
- Lost earnings from the date of injury to the date of death
The Statute of Limitations: Act Fast
California's statute of limitations for wrongful death claims is generally 2 years from the date of death. However:
- If a government entity (city, county, state, public hospital) was involved, you must file a government tort claim within 6 months of the date of death
- Medical malpractice wrongful death cases have their own rules — generally 3 years from the date of injury or 1 year from discovery, whichever is earlier
- If the deceased was a minor, special rules may apply
Do not wait. Evidence disappears, witnesses' memories fade, and surveillance footage is overwritten. The sooner you contact an attorney, the better your family's case will be.
Frequently Asked Questions
What if the deceased was partially at fault for the accident?
California's pure comparative negligence rule applies to wrongful death cases. Even if your loved one was partially at fault, your family can still recover damages — reduced proportionally by their percentage of fault. For example, if they were 20% at fault, your family can still recover 80% of damages.
Do we have to go to court?
Most wrongful death cases settle before trial. However, if the responsible party's insurance company refuses to offer fair compensation, a skilled attorney will take the case to a jury. We will always advise you honestly about the best path forward for your family.
How long does a wrongful death case take?
Simpler cases may resolve in 6–12 months. Complex cases involving multiple defendants, disputed liability, or catastrophic damages can take 2–3 years. Your attorney should give you a realistic timeline after reviewing the facts of your case.
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