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Help California families understand who can bring a wrongful death claim, how it differs from a survival action, what damages each recovers, and the deadlines that apply.
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Wrongful Death Claims in California
Losing someone you love is devastating on its own. When that loss was caused by another person's carelessness or wrongful act, the grief is often tangled up with anger, unanswered questions, and very real financial fear, such as funeral costs, lost income, and the future you had planned together. This page gently explains how California law lets surviving family members seek accountability and compensation, in plain language and without pressure. We know a lawsuit is probably the last thing on your mind right now, and there is no rush to decide anything today. Hurt Advice is not a law firm and does not provide legal advice. This article is general information about California law, not advice about your situation. Statutes, deadlines, and the rules below change over time and apply differently depending on the specific facts, so for guidance you can rely on, connect with a licensed California attorney for a free, no-obligation review.
Written by Raffi Naljian, Esq.
Legally reviewed by Astghik Sogoyan, Esq.
Last reviewed June 12, 2026
Our legal review processResource at a glance
Wrongful Death Claims in California
Who can file a California wrongful death claim, how it differs from a survival action, the damages each recovers, and the 2-year deadline. This resource is educational and should be used to organize facts before requesting independent attorney review when appropriate.
Last reviewed
Key takeaway 1
A wrongful death claim is a civil case brought by surviving family to seek compensation, separate from any criminal case the state might bring.
Source: Visible resource pageKey takeaway 2
California limits who may file to a specific list of family members and dependents set out in Code of Civil Procedure section 377.60.
Source: Visible resource pageKey takeaway 3
Wrongful death is generally treated as a single, joint action, with a court dividing any recovery among the eligible family members.
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Hurt Advice is not a law firm and does not provide legal advice.
Source: Hurt Advice source policyWhat can change the answer
- The reader's exact event, date, records, policy language, treatment course, losses, and disputed facts.
- Whether a public entity, minor, delayed discovery issue, commercial party, or other special rule may be involved.
- The current primary source and any later amendment, court interpretation, or fact-specific exception.
What this page cannot establish
- The resource is general educational information and cannot calculate an individual deadline, fault allocation, damages, or claim value.
- Examples and internal models are not official records, reported outcomes, guarantees, or legal conclusions.
- Hurt Advice is not a law firm; a separate written agreement with an independent attorney or law firm is required for representation.
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Review the cited sources and the page's local details before relying on general information for a specific claim.
Quick answer
The useful answer in plain English
Who can file a California wrongful death claim, how it differs from a survival action, the damages each recovers, and the 2-year deadline. Hurt Advice is not a law firm and does not provide legal advice. Use this page to organize facts, records, and next questions before deciding whether to request review by an independent participating attorney or law firm.
A wrongful death claim is a civil case brought by surviving family to seek compensation, separate from any criminal case the state might bring.
California limits who may file to a specific list of family members and dependents set out in Code of Civil Procedure section 377.60.
Wrongful death is generally treated as a single, joint action, with a court dividing any recovery among the eligible family members.
A wrongful death claim and a survival action are two different claims that recover different things; they often travel together but are not the same.
In most cases the deadline to file is two years from the date of death, but important exceptions, like claims against government entities, can shorten it.
Hurt Advice is not a law firm; please confirm any of this with a licensed California attorney about your specific circumstances.
Step-by-step
What to do next
These steps are ordered for usefulness: safety and records first, then insurance, medical, and review decisions.
1
Organize the facts at your own pace
Use the Do I Have a Case? quiz to gather the key details about what happened before you ever speak with a lawyer. There is no pressure and no rush.
2
Note who in your family may be eligible
California limits standing to a specific list of relatives and dependents. Consider whether you are a surviving spouse, registered domestic partner, child, descendant, or financial dependent of the person who died.
3
Understand the two possible claims
Recognize that a wrongful death claim (the family's losses) and a survival action (the decedent's own pre-death losses) are separate claims that may follow a death and recover different things.
4
Watch the deadline closely
Note that the general deadline is two years from the date of death, but exceptions like a six-month government-claim requirement or medical malpractice rules can shorten it. Confirm the deadline that applies to you with an attorney.
5
Talk to a licensed California attorney when ready
When and if you feel ready, connect with a licensed California attorney for a free, no-obligation conversation. Most offer free consultations and work on a contingency fee.
The basics
What is a wrongful death claim?
A wrongful death claim is a civil case brought by a deceased person's surviving family members when someone else's wrongful act or neglect caused the death. It is separate from any criminal case the state might bring, and it has a different goal. A criminal case seeks to punish; a wrongful death claim seeks to compensate the family for the losses the death caused them. California's wrongful death statute is found at Code of Civil Procedure sections 377.60 to 377.62. These claims can arise from many kinds of events, including car and truck collisions, dangerous premises, defective products, and medical negligence. If you are exploring whether the circumstances might support a claim, the Do I Have a Case? quiz can help you organize the facts before you ever speak with a lawyer. Please confirm how the law applies to your situation with a licensed California attorney.
- A private civil case brought by surviving family, not the government.
- Goal is to compensate the family, not to punish wrongdoing.
- Governed by California Code of Civil Procedure sections 377.60 to 377.62.
- Can arise from collisions, premises hazards, defective products, or medical negligence.
Standing
Who can file a wrongful death claim in California?
California limits who may bring a wrongful death action to a specific list of family members and dependents set out in Code of Civil Procedure section 377.60. In general, the people who may sue include the decedent's surviving spouse or registered domestic partner; the decedent's children and the issue (descendants) of any deceased child; and, if there is no surviving spouse, domestic partner, or descendant, the persons who would inherit the decedent's property under California's intestate succession rules, such as surviving parents or siblings depending on the family. Certain people may also sue if they were financially dependent on the decedent, including a putative spouse and their children, stepchildren, parents, and the decedent's legal guardians if the parents have died. The statute also includes a narrow provision for a minor who lived in the decedent's household for at least the previous 180 days and depended on the decedent for at least half of their support. California generally treats a wrongful death claim as a single, joint action, with eligible family members bringing one case together and a court dividing any recovery among them. Alternatively, the decedent's personal representative may bring the claim on behalf of those entitled to recover. Standing rules are detailed, so please confirm whether you are eligible with a licensed California attorney.
- Surviving spouse or registered domestic partner.
- Children, and the descendants of any deceased child.
- Intestate-succession heirs (such as parents or siblings) when there is no spouse, partner, or descendant.
- Certain financial dependents, including a putative spouse and their children, stepchildren, parents, and legal guardians.
- A personal representative may bring the claim on behalf of those entitled to recover.
Two different claims
Wrongful death vs. survival actions
Many families are surprised to learn there are actually two different claims that may follow a death, and they recover different things. They often travel together but are not the same. The wrongful death claim compensates the surviving family members for their own losses flowing from the death. A survival action is the claim the deceased person themselves could have brought had they lived; it survives their death and passes to the estate under Code of Civil Procedure section 377.30. A survival action is typically brought by the decedent's personal representative or successor in interest and recovers losses the decedent suffered before death, for example medical bills and lost earnings between the injury and death. Because the two claims arise from the same event, California allows them to be joined or consolidated so the family does not have to litigate twice. These distinctions can be technical, so confirm how they apply with a licensed California attorney.
- Wrongful death claim: compensates the surviving family for their own losses.
- Survival action: the decedent's own claim, which passes to the estate under CCP section 377.30.
- A survival action is usually brought by the personal representative or successor in interest.
- The two claims may be joined or consolidated so the family does not litigate twice.
Compensation
What damages can be recovered?
The two claims recover different categories of damages. The wrongful death statute directs that damages be whatever, under all the circumstances of the case, may be just (Code of Civil Procedure section 377.61). In practice, courts and California's jury instructions recognize wrongful death damages such as the financial support the decedent would have provided, the loss of gifts or benefits the survivors would have expected, funeral and burial expenses, the reasonable value of household services the decedent would have provided, and the loss of the decedent's love, companionship, comfort, care, guidance, and moral support, though not damages for the survivors' grief or sorrow itself. Under Code of Civil Procedure section 377.34, a survival action recovers the losses the decedent sustained before death, such as pre-death medical expenses and lost earnings, and may include punitive damages where they would otherwise be available. One nuance worth flagging: historically a survival action could not recover the decedent's own pre-death pain, suffering, or disfigurement. A temporary change to CCP section 377.34 allowed such damages for cases that received trial preference before January 1, 2022, or were filed between January 1, 2022 and January 1, 2026; because this is a time-limited provision, please confirm the current rule with a licensed California attorney before relying on it. A death case is deeply individual, and no online tool can value it.
- Wrongful death damages: financial support, lost gifts or benefits, funeral and burial expenses, household services, and loss of love, companionship, and guidance.
- Damages for the survivors' grief or sorrow itself are not recoverable.
- Survival action damages: the decedent's pre-death losses, such as medical expenses and lost earnings, under CCP section 377.34.
- Punitive damages may be available in a survival action where they would otherwise apply.
- A temporary pain-and-suffering provision is time-limited; confirm the current rule with an attorney.
Deadlines
How long do you have to file?
In most California wrongful death cases, the deadline to file, known as the statute of limitations, is two years from the date of death under Code of Civil Procedure section 335.1. That two-year rule is a general one, and important exceptions can shorten or change it. Claims against a government entity, such as a city, county, or the state, usually require filing an administrative government claim within six months before any lawsuit. Wrongful death deaths based on medical malpractice follow a different limitations scheme with its own time limits. Because missing a deadline can permanently end a claim, this is the single most important reason not to wait too long to at least talk to someone. Deadlines apply differently depending on the facts, so confirm the deadline that applies to your situation with a licensed California attorney.
- General deadline: two years from the date of death under CCP section 335.1.
- Claims against a government entity usually require an administrative claim within six months.
- Medical malpractice deaths follow a different limitations scheme.
- Missing a deadline can permanently end a claim, so do not wait to at least talk to someone.
Support
You don't have to figure this out alone
If you are reading this in the aftermath of a loss, please take care of yourself first. When and if you are ready, understanding your options is a way of protecting your family, not a betrayal of your grief. You can use the Do I Have a Case? quiz to organize the facts at your own pace, review the California Statute of Limitations guide so a deadline never decides this for you, and explore all of our free tools and resources. When you are ready, you can connect with a licensed California attorney for a free, no-obligation conversation, or simply reach out to us. If your loss arose from a specific kind of event, you may also find our guides on how fault is determined and California's comparative negligence rule helpful, since they can affect a recovery when more than one party shares blame. Hurt Advice is an information and attorney-referral platform and not a law firm, so please speak with a licensed California attorney about your specific circumstances.
- Use the Do I Have a Case? quiz to organize the facts at your own pace.
- Review the California Statute of Limitations guide so a deadline never decides this for you.
- Connect with a licensed California attorney for a free, no-obligation conversation when ready.
- Explore related guides on how fault is determined and comparative negligence.
Common mistakes
Avoid these claim-planning mistakes
Search results can make a complicated injury issue feel simple. These are the mistakes that most often create confusion later.
Waiting too long to even talk to someone, since missing the two-year deadline (or a shorter exception like the six-month government-claim window) can permanently end a claim.
Assuming a criminal case against the wrongdoer is enough; a wrongful death claim is a separate civil case the family must bring to seek compensation.
Confusing a wrongful death claim with a survival action; they are two different claims that recover different categories of damages.
Expecting to recover for the survivors' grief or sorrow itself, which California wrongful death damages do not cover.
Relying on an online calculator to value a death case, which is deeply individual and cannot be valued by any online tool.
Related reading path
Where to go from here
These links connect the answer to service pages, evidence pages, insurance pages, medical-care resources, and attorney profile discovery.
Do I Have a Case? QuizOrganize the facts of what happened at your own pace before you ever speak with a lawyer.California Statute of Limitations GuideLearn the deadlines that apply to wrongful death and other claims so a deadline never decides this for you.California Comparative NegligenceUnderstand how shared fault can reduce, but not automatically eliminate, a recovery.How Fault Is DeterminedSee how responsibility is assessed when more than one party may share blame for a loss.Settlement CalculatorGet a rough sense of how different categories of loss can add up, though a death case is deeply individual.Connect With a California AttorneyWhen you are ready, reach out for a free, no-obligation review with a licensed California attorney.
FAQ
Questions this page answers
Is a wrongful death claim the same as a criminal case?Open
No. A criminal case is brought by the government to punish wrongdoing. A wrongful death claim is a private civil case brought by the family to seek compensation. They can both happen after the same event, independently of each other. Please confirm how this applies to your situation with a licensed California attorney.
Can more than one family member file?Open
California generally treats wrongful death as a single joint action that the eligible family members bring together, with a court dividing any recovery among them. The specifics depend on your family's circumstances, so confirm with a licensed California attorney.
What if my loved one was partly at fault?Open
California follows pure comparative negligence, which can reduce, but does not automatically eliminate, a recovery when the decedent shared some responsibility. See our comparative negligence guide, and confirm how the rule applies to your case with a licensed California attorney.
How much does it cost to talk to a lawyer?Open
Many injury and wrongful-death matters use contingency-fee agreements. Consultation, percentage, cost, and unsuccessful-case terms vary, so confirm every term directly with the independent attorney and review the written agreement.
How long do I have to decide?Open
Generally two years from the date of death under CCP section 335.1, but shorter deadlines can apply, for example claims involving government entities. Don't let a deadline make the decision for you, and confirm the deadline that applies to your situation with a licensed California attorney.
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