California Wrongful Death: Get Justice After Tragedy

What Is a Wrongful Death Claim in California?

A California wrongful death claim is a civil lawsuit seeking money damages when a person’s death is caused by another’s wrongful act or neglect. It compensates qualifying survivors for their own losses stemming from the death (not the decedent’s pre-death losses). See Code of Civil Procedure (CCP) § 377.60 and the measure of damages provision at CCP § 377.61.

Who Can File a Wrongful Death Lawsuit?

Eligibility (standing) is defined by statute and can be fact-specific. Under CCP § 377.60, potential claimants include, among others:

• Surviving spouse or registered domestic partner (see Family Code § 297), children, and issue of deceased children.
• If none of the above survive, those entitled to inherit under intestate succession may qualify.
• Certain financially dependent individuals, including a putative spouse, children of a putative spouse, stepchildren, and parents.
• A minor who resided in the decedent’s household for the 180 days immediately before the death and was dependent on the decedent for one-half or more of the minor’s support.

Because standing can be nuanced, speak with a California attorney to evaluate who should be included.

What Must Be Proven

To prevail, plaintiffs generally must show: (1) the defendant committed a wrongful act or was negligent; (2) that act or neglect was a substantial factor in causing death; and (3) the claimants suffered legally recognized damages. The underlying conduct may arise from motor vehicle collisions, dangerous property conditions, medical negligence, defective products, workplace incidents, or other negligent or intentional acts.

Recoverable Damages

Wrongful death damages focus on survivors’ losses, not the decedent’s own pre-death losses. Recoverable items can include the financial support the decedent would have provided, loss of gifts or benefits, loss of household services, funeral/burial expenses, and loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support. See CCP § 377.61; see also Krouse v. Graham, 19 Cal.3d 59 (1977).

In medical malpractice wrongful death cases, noneconomic damages are subject to statutory limits. Under Civil Code § 3333.2 (as amended by AB 35, effective 2023), the noneconomic cap in wrongful death actions starts at $500,000 and increases annually until it reaches $1,000,000.

Punitive damages are generally not available in a wrongful death cause of action, but may be recoverable in a separate survival action where otherwise permitted. See Rufo v. Simpson, 86 Cal.App.4th 573, 616 (2001); Pease v. Beech Aircraft Corp., 38 Cal.App.3d 450, 466–467 (1974); and the survival statutes at CCP § 377.30 and § 377.34.

Wrongful Death vs. Survival Actions

California recognizes both wrongful death and survival causes of action, serving different purposes:

• Wrongful death compensates survivors for their own losses (see CCP § 377.61).
• Survival action (brought by the personal representative or successor in interest) seeks damages the decedent could have recovered had they lived, such as economic losses incurred before death and, under time-limited statutory conditions, the decedent’s pre-death pain, suffering, or disfigurement. See CCP § 377.30 and § 377.34. Under § 377.34(b) (SB 447), recovery of a decedent’s pain, suffering, or disfigurement is authorized for actions filed on or after January 1, 2022 and before January 1, 2026 (unless extended by subsequent legislation).

Timing Considerations

• General wrongful death statute of limitations: Two years from the date of death. CCP § 335.1.
• Medical malpractice: Special time limits generally require filing within one year after discovery (or three years from injury), with certain exceptions. CCP § 340.5.
• Survival actions: The later of six months after death or the time that would have been applicable had the decedent not died. CCP § 366.1.
• Government entities: Before suing a public entity or employee, a written claim generally must be presented within six months for claims relating to personal injury or death (Gov. Code § 911.2), and no lawsuit may be filed until the claim is presented (Gov. Code § 945.4). After a written rejection, suit deadlines are typically short (often six months). Gov. Code § 945.6.

Because deadlines vary by facts and defendant type, consult counsel promptly.

How Comparative Fault Affects Recovery

California applies pure comparative negligence, so damages are reduced by the percentage of fault attributable to the decedent rather than barring recovery entirely. See Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). Allocation among multiple defendants is further governed by Proposition 51, under which defendants are jointly liable for economic damages but only severally liable (i.e., according to their proportionate fault) for noneconomic damages. See Civil Code § 1431.2.

Claims Against Government Entities

Special pre-suit presentment rules apply when pursuing claims against public entities or employees. You must generally present a written claim within six months (Gov. Code § 911.2), may not sue until presentment is satisfied (Gov. Code § 945.4), and, after rejection, must file suit within short statutory periods (Gov. Code § 945.6).

Evidence That Strengthens a Case

• Accident/incident reports; photographs or video; physical evidence from the scene.
• Medical and coroner records; autopsy findings.
• Employment and earnings documentation; tax returns.
• Witness statements; product maintenance/design records.
• Expert analyses (accident reconstruction, human factors, medicine, economics).

What to Do After a Tragic Loss

• Preserve documents, photos, and communications related to the incident.
• Avoid detailed discussions with insurers before speaking to counsel.
• Keep a journal of household services and day-to-day impacts on your family.
• Obtain the death certificate and request official reports as available.
• Consult an attorney promptly to evaluate claims, identify all responsible parties, and manage deadlines.

Practical Tips

Checklist: Getting Started

How an Attorney Helps

An experienced California wrongful death attorney can identify eligible claimants, investigate liability, secure evidence, coordinate experts, navigate Government Claims Act procedures when necessary, negotiate with insurers, and—if needed—take your case to trial. Many firms handle these cases on a contingency fee. To discuss your situation, contact us.

Frequently Asked Questions

Q: Can multiple family members recover?
A: Eligible heirs typically bring a single wrongful death action, and the court can allocate recovery among them as needed. See CCP § 377.60.

Q: Are funeral and burial expenses recoverable?
A: Yes. They are generally recoverable as part of just damages. See CCP § 377.61.

Q: Can there be both wrongful death and survival claims?
A: Yes. They address different harms and are often pursued together when supported by the facts. See CCP § 377.30 and § 377.34.

Q: What if the decedent did not have earnings?
A: Survivors may still seek non-economic losses and the value of household services and other support. See CCP § 377.61; Krouse v. Graham.

Disclaimer: This page provides general information about California law and is not legal advice. Laws change and outcomes depend on specific facts. Reading this page does not create an attorney-client relationship; consult a qualified California attorney about your situation.