California Wrongful Death Claims: Legal Rights and Compensation for Families

Under California Code of Civil Procedure Section 377.60, a wrongful death occurs when a person dies as the direct result of another party's wrongful act or negligence. The key requirement is that the deceased person would have had a valid personal injury claim if they had survived. Common causes of wrongful death include motor vehicle accidents, medical malpractice, defective products, workplace accidents, nursing home abuse, pedestrian accidents, and violent crimes.

The wrongful act doesn't need to be intentional. Most wrongful death claims arise from negligence—situations where someone failed to exercise reasonable care and that failure caused a fatal injury. For example, a distracted driver who runs a red light and kills a pedestrian, or a doctor who misdiagnoses a treatable condition, can both be held liable in a wrongful death action.

It's important to understand that wrongful death claims are separate from criminal proceedings. Even if criminal charges are filed against the responsible party, families can still pursue a civil wrongful death claim. The burden of proof is lower in civil cases (preponderance of evidence rather than beyond a reasonable doubt), and the outcomes serve different purposes—criminal cases punish wrongdoers, while civil claims compensate survivors.

California law strictly limits who has legal standing to file a wrongful death lawsuit. According to CCP Section 377.60, the following individuals may bring a claim: the deceased person's surviving spouse or domestic partner, the deceased person's surviving children, and if there is no surviving spouse or children, other individuals who would be entitled to the deceased person's property under California's intestate succession laws (such as parents or siblings).

Additionally, a putative spouse (someone who believed in good faith they were married to the deceased), children of the putative spouse, stepchildren, and parents can file if they were financially dependent on the deceased. The personal representative of the deceased's estate may also file on behalf of eligible survivors.

Only one wrongful death lawsuit can be filed for each death, but multiple eligible family members can join as plaintiffs. If family members disagree about whether to file or how to proceed, the court may need to resolve these disputes. Working with an experienced wrongful death attorney helps ensure all eligible family members are included and their interests are protected.

California law allows surviving family members to recover several types of damages in wrongful death claims. Economic damages include the financial support the deceased would have provided, the value of household services the deceased would have performed, funeral and burial expenses, and the reasonable value of medical care related to the deceased's final injury or illness.

Non-economic damages compensate for intangible losses such as loss of companionship, comfort, care, assistance, protection, affection, society, and moral support. These damages also include loss of training and guidance for children who lost a parent. California does not cap non-economic damages in most wrongful death cases, though medical malpractice cases have specific limitations.

In cases involving egregious conduct—such as drunk driving or intentional harm—punitive damages may also be available. These damages are designed to punish the wrongdoer and deter similar conduct in the future. The estate may also pursue a separate survival action to recover damages the deceased experienced before death, such as pain and suffering, medical expenses, and lost earnings from the time of injury until death.

In California, wrongful death claims must generally be filed within two years from the date of the person's death. This deadline is strictly enforced, and missing it typically means losing the right to pursue compensation forever. The two-year clock starts on the date of death, not the date of the injury that caused the death.

There are limited exceptions to this rule. If the death resulted from medical malpractice, different deadlines may apply. If the responsible party is a government entity, a formal claim must be filed within six months of the death before a lawsuit can proceed. In cases where the cause of death wasn't immediately apparent, the discovery rule may extend the deadline, but courts apply this exception narrowly.

Given these strict deadlines and the complexity of wrongful death cases, it's crucial to consult with a California wrongful death attorney as soon as possible after losing a loved one. Early legal intervention preserves evidence, protects your rights, and ensures all procedural requirements are met. Waiting too long can jeopardize your entire claim.

Many people confuse wrongful death claims with survival actions, but they are distinct legal concepts. A wrongful death claim compensates surviving family members for their losses—the financial support, companionship, and guidance they lost when their loved one died. These damages belong to the survivors, not the deceased's estate.

A survival action, on the other hand, allows the deceased person's estate to pursue damages the deceased themselves would have been entitled to if they had lived. This includes pain and suffering the deceased experienced before death, medical expenses incurred before death, lost earnings from the time of injury until death, and property damage. Survival actions are brought by the personal representative of the estate under California Code of Civil Procedure Section 377.30.

In many cases, both a wrongful death claim and a survival action are filed together. This ensures that all available damages are recovered—both the losses suffered by survivors and the losses suffered by the deceased before death. An experienced attorney will evaluate whether both types of claims apply to your situation and pursue all available compensation.

Motor vehicle accidents are the leading cause of wrongful death claims in California. This includes car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and bicycle accidents. When a driver's negligence, recklessness, or impairment causes a fatal crash, surviving family members can hold them accountable through a wrongful death lawsuit.

Medical malpractice is another common cause. When healthcare providers fail to meet the standard of care and a patient dies as a result, families may have a wrongful death claim. Examples include surgical errors, misdiagnosis, medication errors, birth injuries, and failure to diagnose serious conditions like cancer or heart disease.

Other frequent causes include workplace accidents (especially in construction, manufacturing, and other high-risk industries), defective products (such as dangerous drugs, faulty medical devices, or unsafe consumer products), premises liability (such as inadequate security leading to violent crime, or dangerous property conditions), and nursing home abuse and neglect. Each type of case has unique legal considerations and may involve different liable parties.

To succeed in a wrongful death claim, you must prove four key elements: the defendant owed a duty of care to the deceased, the defendant breached that duty through negligence or wrongful conduct, the breach directly caused the death, and the death resulted in damages to surviving family members. The burden of proof is a preponderance of the evidence, meaning it's more likely than not that the defendant's actions caused the death.

Evidence is crucial in wrongful death cases. This may include accident reports, medical records, autopsy reports, expert testimony (from accident reconstructionists, medical experts, or economists), witness statements, photographs and video footage, employment records showing the deceased's income, and documentation of the relationship between the deceased and survivors.

California follows a pure comparative negligence rule, which means that if the deceased was partially at fault for their own death, damages may be reduced proportionally. For example, if the deceased was 20% at fault, the recovery would be reduced by 20%. However, even if the deceased shares some fault, families can still recover compensation. An experienced wrongful death lawyer will investigate thoroughly to establish liability and maximize your recovery.

Calculating damages in wrongful death cases is complex and requires careful analysis of both economic and non-economic factors. Economic damages are calculated based on the deceased's age, health, life expectancy, earning capacity, employment history, and benefits. Economists often provide expert testimony to project the financial support the deceased would have provided over their expected lifetime.

Non-economic damages—such as loss of companionship and guidance—are more subjective. Factors considered include the nature and quality of the relationship between the deceased and survivors, the age of surviving children, the deceased's role in the family, and the emotional impact of the loss. While there's no formula for these damages, experienced attorneys use past verdicts and settlements in similar cases as benchmarks.

Several factors can increase the value of a wrongful death claim: the deceased was young with many earning years ahead, the deceased was the primary breadwinner, the deceased left behind young children or a spouse, the defendant's conduct was particularly egregious, and strong evidence clearly establishes liability. Every case is unique, and a thorough evaluation by a qualified attorney is essential to understanding your claim's potential value.

The wrongful death claims process typically begins with a consultation with an experienced attorney who will evaluate your case, explain your rights, and outline the legal process. Your lawyer will then conduct a thorough investigation, gathering evidence, interviewing witnesses, consulting experts, and building a strong case for liability and damages.

Before filing a lawsuit, your attorney may send a demand letter to the responsible party or their insurance company, outlining the facts, liability, and damages, and requesting fair compensation. Many wrongful death cases settle during this pre-litigation phase. If settlement negotiations fail, your attorney will file a wrongful death lawsuit in the appropriate California court, initiating the formal legal process.

The litigation process includes discovery (exchanging information and evidence with the other side), depositions (sworn testimony from parties and witnesses), mediation or settlement conferences (court-supervised negotiations), and potentially trial if no settlement is reached. Most wrongful death cases settle before trial, but having an attorney prepared to go to trial often leads to better settlement offers. The entire process can take anywhere from several months to several years, depending on the complexity of the case and the parties' willingness to negotiate.

When a government employee or entity causes a wrongful death—such as a city bus accident, police misconduct, or dangerous road conditions—special rules apply. Under the California Tort Claims Act, you must file a formal administrative claim with the appropriate government agency within six months of the death. This is much shorter than the standard two-year statute of limitations.

The government claim must include specific information: the name and address of the claimant, the date, place, and circumstances of the incident, a general description of the injury or loss, the name of the government employees involved (if known), and the amount of compensation sought. The government has 45 days to respond to the claim.

If the claim is denied or the government doesn't respond within 45 days, you can then file a lawsuit in court. However, you must file the lawsuit within six months of the claim being denied or deemed denied. Missing these strict deadlines can permanently bar your claim. Government wrongful death cases are particularly complex and require an attorney experienced in claims against public entities. These cases may also have damage caps that don't apply to claims against private parties.

When a wrongful death settlement or verdict is obtained, California law doesn't specify exactly how the money should be divided among eligible family members. Instead, the distribution is typically determined by agreement among the family members or, if they can't agree, by the court based on factors such as each person's relationship to the deceased, the degree of dependency on the deceased, and the nature and extent of each person's loss.

In practice, a surviving spouse often receives the largest share, especially if they were financially dependent on the deceased. Children also receive significant portions, with the amount sometimes varying based on their age and dependency. If parents are claimants (when there's no spouse or children), they typically share the recovery equally.

It's important to note that wrongful death damages paid to family members are generally not subject to federal income tax. However, punitive damages and certain other types of compensation may be taxable. Additionally, if the deceased had outstanding debts, creditors generally cannot claim wrongful death proceeds, as these belong to the survivors, not the estate. Survival action proceeds, however, become part of the estate and may be subject to creditor claims. An experienced attorney can help ensure fair distribution and protect your recovery from unnecessary taxation or claims.

Wrongful death cases are among the most complex in personal injury law. They involve intricate legal issues, substantial damages, and emotionally charged circumstances. Insurance companies and defendants often fight these claims aggressively, knowing the stakes are high. Having an experienced California wrongful death attorney is essential to protecting your rights and maximizing your recovery.

A skilled attorney brings invaluable resources and expertise: thorough investigation and evidence gathering, access to expert witnesses (medical professionals, economists, accident reconstructionists), accurate calculation of all damages (both economic and non-economic), skilled negotiation with insurance companies and defense attorneys, and trial experience if your case doesn't settle. They also handle all legal procedures and deadlines, allowing you to focus on grieving and healing.

Most wrongful death attorneys work on a contingency fee basis, meaning you pay no upfront costs and the attorney only gets paid if you recover compensation. The fee is typically a percentage of the settlement or verdict (usually 33-40%). This arrangement makes quality legal representation accessible to families regardless of their financial situation. During your free consultation, ask about the attorney's experience with wrongful death cases, their track record of results, their approach to your specific case, and how they communicate with clients throughout the process.