Wrongful Death Law in California

California law identifies specific people who may file, starting with the deceased person's surviving spouse or registered domestic partner and their children. If no surviving spouse or children exist, other people who were financially dependent on the deceased — such as certain other family members — may be eligible. Because eligibility rules can be technical, an attorney can confirm whether you qualify based on your specific circumstances.

Under California Code of Civil Procedure § 377.60, the people who may file are: the surviving spouse or registered domestic partner; the decedent's children and grandchildren (if a child who would have inherited predeceased the decedent); and, if there are no surviving descendants, the persons who would inherit the decedent's estate under California intestate succession law, which typically means parents or siblings. Dependent stepchildren, putative spouses, putative spouses' children, and dependent minors who lived in the household for at least 180 days before the death may also qualify.

Surviving family members may be able to seek compensation for funeral and burial costs, the financial support and benefits the deceased would have provided, and the loss of the person's companionship, guidance, and care. The exact losses recoverable depend on your relationship to the deceased and the facts of the case. An attorney can help identify which categories of compensation may apply.

Under California Code of Civil Procedure § 377.61, surviving heirs may recover the financial support the decedent would have provided over their lifetime, the fair market value of household services and care, gifts and benefits the heirs would have received, and funeral and burial expenses. Heirs may also recover non-economic damages for the loss of love, companionship, comfort, affection, society, and moral support. California does not allow wrongful death plaintiffs to recover separately for their own emotional distress or grief—that is a distinct item addressed only in a survival action filed by the estate.

A wrongful death claim is a civil lawsuit filed by surviving family members or an estate seeking financial compensation — it does not result in jail time or criminal penalties. A criminal case, if any, is brought separately by the government and can result in prosecution and punishment for the person responsible. Both types of cases can arise from the same death, and the outcome of one does not automatically determine the outcome of the other.

A wrongful death claim under California Code of Civil Procedure § 377.60 is brought by surviving family members for the losses they personally suffered because of the death. A survival action under California Code of Civil Procedure § 377.30 is brought by the estate on behalf of the deceased person for losses the deceased sustained before dying—such as pre-death medical bills, lost wages before death, and (through January 1, 2030) pain and suffering under California Code of Civil Procedure § 377.34. Both claims can arise from the same death and may be tried together, but they have different plaintiffs, different damage rules, and different filing deadlines.

California follows a legal principle called comparative fault, which can reduce the amount a family recovers in proportion to the deceased person's share of responsibility for the incident. However, partial fault on the part of the deceased does not necessarily prevent a claim from going forward. How comparative fault affects your case depends on the specific facts and how responsibility is divided.

No. A criminal prosecution is brought by the government and can result in fines or imprisonment, using the high standard of proof 'beyond a reasonable doubt.' A wrongful death lawsuit is a civil action brought by surviving family members seeking monetary compensation, using the lower standard of 'preponderance of the evidence' (more likely than not). The two proceedings can run simultaneously, and a criminal acquittal does not prevent survivors from winning a civil wrongful death case.

Yes, it is possible to bring a wrongful death claim against a state or local government agency in California, but the process involves special procedures and additional notice requirements that must be followed before filing a lawsuit. These early steps have their own deadlines — often shorter than those for a standard wrongful death claim — and missing them can end a case before it begins. If a government agency may be responsible, consulting an attorney immediately is especially important.

California uses a 'pure comparative fault' rule in civil cases. The jury assigns a percentage of fault to each party, and the survivors' total damages are reduced by the decedent's share of fault—but the claim is not automatically barred, even if the decedent bore most of the responsibility. For example, if the decedent was found 30 percent at fault, the total damages award would be reduced by 30 percent.

A survival action is brought by the deceased person's estate and seeks compensation for losses the person experienced before dying, such as medical expenses and pain and suffering. A wrongful death claim is brought by surviving family members for their own losses — like lost financial support and loss of companionship. Both types of claims can often be filed at the same time in California, and an attorney can explain how each applies to your situation.

The California Government Claims Act (California Government Code §§ 810–996.6) requires that a written claim be presented to the responsible public entity within six months of the date of death before any lawsuit can be filed. If the claim is formally rejected, survivors generally have six months from the rejection date to file suit in superior court under California Government Code § 945.6. Missing the initial six-month claim-presentation step almost always permanently bars the lawsuit.

Wrongful death cases involve strict deadlines, specific eligibility rules, disputed facts, and often significant legal complexity, making professional legal help strongly advisable. Many attorneys who handle these cases work on a contingency fee basis, so you typically pay nothing unless money is recovered on your behalf. If you cannot afford a private attorney, California has legal-aid organizations that may be able to assist you.

Wrongful death claims arising from a health care provider's negligence are subject to a shorter deadline under California Code of Civil Procedure § 340.5—the earlier of three years from the date of the injury or one year from the date the claimant discovered (or reasonably should have discovered) the injury. This Medical Injury Compensation Reform Act (also known as MICRA) deadline can be significantly shorter than the general two-year rule, so time is especially critical in medical contexts.