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 processQuick answer
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
These steps are ordered for usefulness: safety and records first, then insurance, medical, and review decisions.
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.
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.
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.
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.
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
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.
Standing
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.
Two different claims
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.
Compensation
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.
Deadlines
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.
Support
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.
Common 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
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FAQ
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.
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.
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.
Most California personal injury and wrongful death attorneys offer a free initial consultation and work on a contingency fee, meaning they are paid a percentage only if they recover money for you. The exact terms vary, so confirm them directly with the attorney.
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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