California Wrongful Death Lawyer
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What California Law Gives Surviving Families the Right to Sue
Code of Civil Procedure § 377.60 gives surviving spouses, domestic partners, children, and certain other dependents the right to sue when a family member is killed by another party’s wrongful act or negligence. Recoverable damages include lost financial support, funeral costs, and loss of love and companionship.
The standard deadline to file is two years from the date of death under CCP § 335.1, but claims against a government entity require a written administrative claim filed within six months under Government Code § 911.2. Missing either deadline typically ends the case permanently.
What Is a Wrongful Death Claim Under California Law?
A wrongful death claim is a lawsuit brought by the surviving heirs of a person whose death was caused by someone else’s wrongful act, neglect, or default. CCP § 377.60 creates the cause of action. It belongs to the heirs themselves, not to the decedent’s estate. That distinction matters: the heirs are suing for their own losses, not stepping into the decedent’s shoes.
To bring the claim, the death must have resulted from conduct that would have entitled the decedent to sue had they survived. The wrongful act can be negligence (a distracted driver, a dangerous property owner), an intentional act, or a strict liability violation.
How a Wrongful Death Claim Differs from a Survival Action (CCP §§ 377.30 and 377.34)
These two claims are often filed together, but they are legally separate and recover different things. Understanding the difference matters in 2025 and beyond because a key statutory window has now closed.
Feature | Wrongful Death (CCP § 377.60) | Survival Action (CCP §§ 377.30, 377.34)
|
|---|---|---|
Who brings it | Decedent’s eligible heirs | Decedent’s personal representative or successor in interest |
Whose losses are recovered | The heirs’ own losses (support, companionship) | Losses the decedent personally suffered before death |
Economic damages | Funeral costs, lost financial support, household services | Medical bills, lost wages before death |
Non-economic damages | Loss of love, companionship, moral support | Economic only, as of January 1, 2026 (see note below) |
Important note on SB 447: From January 1, 2022 through December 31, 2025, CCP § 377.34 temporarily allowed survival actions to include the decedent’s own pain, suffering, and disfigurement. Beginning January 1, 2026 state law again bars estates from recovering a decedent’s pain, suffering, or disfigurement in survival actions; but actions filed by December 31, 2025 preserve non-economic survival damages.
Who Can File a Wrongful Death Lawsuit in California?
CCP § 377.60 creates a tiered standing structure. Your place in that structure determines whether you have an automatic right to sue or whether you must first prove financial dependency.
- Tier 1 (no dependency required): Surviving spouse, registered domestic partner, children of the decedent, and grandchildren whose parent (the decedent’s child) has also died. These family members can sue regardless of whether they depended financially on the decedent.
- Tier 2 (financial dependency required): Putative spouse (someone who believed in good faith they were married to the decedent), children of a putative spouse, stepchildren, parents, and legal guardians of the decedent (if the parents are deceased). Each of these individuals must show they were financially dependent on the decedent at the time of death.
- Tier 3 (intestate heirs): If the decedent left no surviving children, grandchildren, or other issue, any person who would inherit under California’s intestate succession laws may bring the claim.
A common real-world scenario: an adult stepchild who lived with and relied on the decedent for rent and living expenses may qualify under Tier 2, while a biological adult child who was entirely self-supporting qualifies automatically under Tier 1. Both may be in the same lawsuit.
What If Multiple Family Members Want to File Separately?
They cannot. California law requires a single wrongful death action for each death. All eligible heirs must be joined in that one lawsuit. A family member who is excluded from the case, or who refuses to participate, risks losing their share of any recovery. If you believe a family member intends to file without including you, contact a wrongful death lawyer immediately. The single-action rule is one of the first procedural issues an attorney will assess.
What Damages Can a California Wrongful Death Lawyer Help You Recover?
Damages fall into two categories. An experienced wrongful death lawyer in California will analyze both categories based on the decedent’s earnings history, age, health, and relationship with each heir.
Economic Damages
- Funeral and burial expenses actually incurred
- The financial support the decedent would have provided over their expected lifetime
- The value of household services the decedent would have performed (childcare, cooking, home maintenance)
- The value of gifts or benefits the heirs would have received
Non-Economic Damages
- Loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support
Non-economic damages do not include the decedent’s own pre-death pain and suffering. That element belongs to the survival action under CCP § 377.30, brought by the estate. In a wrongful death action, the focus is entirely on what the living heirs have lost, not what the decedent experienced.
How Comparative Fault Affects Your Recovery
California applies a pure comparative fault rule. A wrongful death claim survives even if the decedent bore partial responsibility for the incident that caused their death. However, the heirs’ total recovery is reduced by the percentage of fault attributed to the decedent. If a jury finds the decedent was 30% at fault, the heirs’ damages are reduced by 30%. A frequent defense tactic is to inflate the decedent’s share of fault specifically to reduce the payout. Your attorney’s job is to counter that with evidence establishing the defendant’s proportionally greater responsibility.
How Long Do You Have to File? California's Wrongful Death Deadlines
Timing is the single most important practical issue in any wrongful death case. A late filing does not result in a reduced recovery; it results in no recovery at all.
The Standard Two-Year Deadline (CCP § 335.1)
The two-year clock starts on the date of death, not the date of the underlying accident or injury. If the decedent was injured on one date but died two weeks later, the clock starts at death. A case dismissed after the deadline expires is dismissed with prejudice, meaning it cannot be refiled regardless of how strong the underlying claim is.
The Six-Month Government Claims Deadline (Gov. Code § 911.2)
If any defendant is a California government entity (a city, county, state agency, public transit authority, or public hospital), a separate written administrative claim must be filed with that entity within six months of the date of death, before a lawsuit can be filed.
This six-month window runs independently of the two-year statute of limitations and can extinguish a claim far sooner. Families who miss the government claims deadline typically cannot proceed against the public entity defendant at all.
When the Discovery Rule May Extend Your Deadline
In limited circumstances, the two-year period under CCP § 335.1 may be delayed. If the family did not know, and could not reasonably have known, that negligence caused the death, the limitations period begins when the claimant discovers (or should have discovered) the negligent cause.
This most commonly arises in cases where the cause of death was not immediately apparent, such as medical settings where the connection between a provider’s conduct and the outcome only becomes clear after autopsy or investigation. The discovery rule is a legal argument, not an automatic extension; it must be asserted and proven.
How Does a Wrongful Death Lawsuit Work in California? Case Timeline
What Happens After You Call a Wrongful Death Lawyer: Step by Step
- Step 1: Initial case evaluation (Days 1-7). The attorney confirms who qualifies to bring the claim under CCP § 377.60, identifies all potential heirs who must be joined in the single lawsuit, and screens for any Tier 2 dependency issues that could affect standing.
- Step 2: Deadline triage (Days 1-7, runs concurrently). The attorney calculates the two-year deadline under CCP § 335.1 and determines whether any defendant is a government entity triggering the six-month administrative claim requirement under Gov. Code § 911.2. If a government entity is potentially involved, filing the administrative claim takes immediate priority.
- Step 3: Evidence preservation and investigation (Weeks 2-8). The attorney sends preservation letters to defendants and third parties, obtains accident reports, medical records, and autopsy findings, retains any necessary accident reconstruction or medical experts, and identifies all insurance coverage.
- Step 4: Pre-litigation demand (Weeks 8-20, if applicable). In many cases, the attorney presents a formal demand to the defendant or their insurer with documented damages before filing suit. Some cases resolve at this stage.
- Step 5: Filing the complaint. The lawsuit is filed in the appropriate California superior court, naming all defendants and joining all eligible heirs as plaintiffs. The complaint sets out the wrongful act, the resulting death, and each category of damages.
- Step 6: Discovery (Months 3-12 after filing). Both sides exchange documents, take depositions, and retain and depose experts. The defense will probe the decedent’s fault, financial history, and the nature of each heir’s relationship with the decedent.
- Step 7: Mediation and settlement negotiations. The majority of wrongful death cases resolve before trial through mediation. All eligible heirs must generally participate, and any settlement that allocates amounts among them may require court approval to protect the interests of minor heirs.
- Step 8: Trial (if no settlement). A jury determines liability, comparative fault percentages, and damages. The verdict is subject to post-trial motions and potential appeal.
What This Means If You Just Lost a Family Member
If you are reading this in the days or weeks after a death, the most important thing you can do is act before the deadline forces your hand. The two-year window under CCP § 335.1 sounds long, but evidence disappears, witnesses move, and surveillance footage is overwritten within days. If a government entity may be involved, you have six months, not two years, and that clock is already running.
You do not need to have all the facts before you call a wrongful death lawyer; gathering those facts is what Step 3 above is for. What you cannot do is wait so long that the deadline forecloses the claim entirely.
If you are uncertain whether you qualify, check the three tiers above: Tier 1 family members (spouse, children) have standing automatically, and Tier 2 members may qualify if they can show financial dependency.
Frequently Asked Questions About Hiring a Wrongful Death Lawyer in California
Can I file a wrongful death claim if the decedent was partially at fault?
Yes. California’s pure comparative fault rule means the claim survives even if the decedent was partially responsible. Your total recovery is reduced proportionally by the decedent’s share of fault, but it is not eliminated.
What if I am a stepchild and was not named in the will?
A will is not the governing document for wrongful death standing. CCP § 377.60(b) determines eligibility. A stepchild who was financially dependent on the decedent may qualify under Tier 2 regardless of what the will says.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim (CCP § 377.60) is brought by the heirs to recover their own losses. A survival action (CCP § 377.30) is brought by the estate to recover losses the decedent personally incurred before death. The two claims are distinct, can be filed simultaneously, and recover different things.
Does the six-month government deadline apply only if a government employee caused the death?
The Government Claims Act requirement under Gov. Code § 911.2 applies whenever the defendant is a government entity, including public hospitals, city-owned vehicles, public transit, and county facilities. If any part of the case may involve a public entity, assume the six-month clock applies and verify with an attorney immediately.
What happens if one family member files without including other eligible heirs?
Because only one wrongful death lawsuit may be filed per death, an heir who is excluded from or opts out of that case risks losing their right to participate in any recovery. This is one reason why identifying all eligible heirs in Step 1 is critical.
Are wrongful death settlements taxable?
Tax treatment of legal recoveries is governed by federal and state tax law, which is outside the scope of this article. Consult a tax professional regarding the tax implications of any settlement or judgment you receive.
If your situation involves the termination of the decedent’s employment and you have questions about related workplace rights, our guides on California wrongful termination law and filing a wrongful termination lawsuit in California address those claims separately.
Contact Setareh Law Group: If you have lost a family member and believe negligence or wrongful conduct may be involved, the attorneys at Setareh Law Group are available to evaluate your claim. Contact our office to schedule a consultation. We represent clients on a contingency fee basis, meaning you pay no fees unless we recover for you. Time is limited, so do not delay reaching out.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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