Sudden death of a loved one caused by another person’s negligence or wrongdoing is heartbreaking—emotionally, financially, and legally. In California, the law provides a way for some surviving family members to make a wrongful death claim to recover from the loss and seek justice. These lawsuits seek to hold the accountable party responsible and alleviate the financial hardship left in the aftermath of the tragedy.
This piece is an authoritative guide to California law on wrongful death claims, covering who is eligible to bring such a case, the requirements that must be met, damages available, and legal process followed.
What Is Wrongful Death?
A wrongful death occurs when a person dies as a direct result of another party’s wrongful act, whether through negligence, recklessness, or intentional harm. Common examples include:
- Fatal car accidents caused by drunk or reckless drivers
- Medical malpractice resulting in death
- Dangerous property conditions (premises liability)
- Defective products or machinery
- Work-related incidents caused by third parties
- Criminal acts such as assault or homicide
In California, wrongful death is a civil claim, meaning it is separate from any criminal charges that may also be brought against the wrongdoer. The civil standard of proof—preponderance of the evidence—is lower than the criminal standard of beyond a reasonable doubt.
California’s Wrongful Death Statute
California’s wrongful death law is codified in Code of Civil Procedure § 377.60, which defines who may bring a claim and what damages may be recovered.
Who Can File a Wrongful Death Claim in California?
The law permits the following individuals to file a wrongful death lawsuit:
- The decedent’s surviving spouse or domestic partner
- Children of the deceased
- Grandchildren, if the deceased’s children are also deceased
- If none of the above exist, anyone who would be entitled to inherit under California’s intestate succession laws, such as:
- Parents
- Siblings
- Legal guardians
- Stepchildren (in certain cases)
In some cases, individuals who were financially dependent on the deceased may also qualify.
What Must Be Proven in a Wrongful Death Case?
To succeed in a wrongful death lawsuit, the plaintiff must prove the following elements:
- A person died
- The death was caused by the defendant’s negligence, recklessness, or intentional act
- The surviving family members have suffered damages as a result of the death
Negligence must be established through evidence showing that the defendant owed a duty of care, breached that duty, and directly caused the death.
In product liability cases, strict liability may apply, meaning the plaintiff does not need to prove negligence—only that a defective product caused the death.
Available Damages in a California Wrongful Death Lawsuit
Wrongful death damages in California are compensatory, designed to make the surviving family whole. They include both economic and non-economic damages.
Economic Damages
- Funeral and burial expenses
- Loss of the deceased’s expected financial support
- Loss of household services (e.g., child care, maintenance)
Medical expenses incurred before death (if not covered in a survival action)
Non-Economic Damages
- Loss of companionship
- Loss of guidance and moral support
- Loss of consortium (for spouses or partners)
- Emotional suffering (limited under current law—California does not allow pain and suffering damages for the decedent in a wrongful death claim, but does in a survival action in limited circumstances)
There is no fixed formula for non-economic damages. Juries have wide discretion, and amounts can vary dramatically based on the facts.
Punitive Damages
Punitive damages are not available in standard wrongful death claims in California unless the death resulted from felonious conduct and there is a related survival action filed. Punitive damages may then be sought through the survival claim, which belongs to the estate and not the heirs.
Wrongful Death vs. Survival Action
California law allows both a wrongful death claim and a survival action to be brought after a person’s death.
- Wrongful death claims compensate surviving family members for their personal losses
- Survival actions (Code of Civil Procedure § 377.30) allow the decedent’s estate to recover damages the decedent could have pursued had they survived—such as medical expenses or lost wages before death, and potentially punitive damages
These actions are often filed together, but they serve distinct purposes.
Statute of Limitations
The time limit for filing a wrongful death lawsuit in California is generally two years from the date of death. However, certain exceptions apply:
- Medical malpractice: Three years from the date of injury or one year from discovery, whichever comes first
- Government entities: A government claim must be filed within 6 months of the incident
- Minors: The statute may be tolled (paused) for minor children until they reach the age of 18
Missing the statute of limitations may result in the claim being permanently barred.
Role of Insurance and Settlements
Most wrongful death cases are resolved through settlements, often paid through liability insurance policies. These may include:
- Auto insurance
- Homeowners insurance
- Business liability insurance
- Medical malpractice insurance
Settlements are often negotiated outside of court, though litigation may become necessary if fault is disputed or if the value of damages is contested.
Any settlement must be equitably distributed among the eligible heirs. If the family members cannot agree, the court may apportion the settlement in a way it deems fair.
Importance of Legal Representation
Wrongful death cases are legally complex and emotionally taxing. A skilled wrongful death attorney can:
- Investigate the cause of death
- Preserve evidence
- Identify all responsible parties
- Evaluate the value of your claim
- Handle insurance companies and opposing counsel
- Navigate the probate process, if necessary
- Litigate the case in court if a fair settlement cannot be reached
Attorneys typically handle these cases on a contingency fee basis, meaning there is no upfront cost to the family, and the lawyer is only paid if the case is successful.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
