Wrongful Death Claims in California

Personal Injury

California Wrongful Death Law

When a person dies as a result of another party’s negligence, recklessness, or intentional wrongdoing, California law allows certain surviving family members to bring a wrongful death claim. At The Law Offices of Farris Ain, we understand the profound grief your family is experiencing. We handle these cases with the compassion and dedication that your loved one’s memory deserves—while aggressively pursuing every dollar of compensation the law allows.

The California Wrongful Death Statute

California’s wrongful death statute is found in Code of Civil Procedure sections 377.60 through 377.62. Under CCP § 377.60, a cause of action for wrongful death may be brought when a person’s death is caused by the wrongful act or neglect of another. The statute provides a legal mechanism for surviving family members to recover compensation for the losses they have suffered as a result of the death.

Who Can File a Wrongful Death Claim

California law is specific about who has standing to bring a wrongful death action. Under CCP § 377.60, the following individuals may file a claim:

• Surviving spouse or domestic partner of the decedent
• Surviving children of the decedent
• Dependents who were financially reliant on the decedent, including putative spouses, children of a putative spouse, and stepchildren
• If none of the above exist, those who would be entitled to the decedent’s property under the laws of intestate succession (such as parents or siblings)

Survival Actions vs. Wrongful Death Claims

It is important to understand the distinction between a wrongful death claim and a survival action, as both may be brought in connection with the same death:

• Wrongful death claim (CCP §§ 377.60-377.62): Filed by surviving family members for their own losses resulting from the death—loss of financial support, companionship, and comfort.
• Survival action (CCP §§ 377.30-377.34): Filed on behalf of the decedent’s estate for damages the decedent could have recovered had they survived—including medical expenses incurred before death and, in certain cases, pain and suffering experienced before death.

Survival actions are particularly important because they may allow recovery of punitive damages against the defendant, which are not available in a wrongful death claim alone.

Common Causes of Wrongful Death

Wrongful death claims arise from a wide range of circumstances, including:

• Vehicle accidents: Car crashes, motorcycle collisions, pedestrian accidents, and truck wrecks caused by negligent or reckless drivers
• Medical malpractice: Surgical errors, misdiagnosis, medication mistakes, and failures in treatment that lead to a patient’s death
• Workplace accidents: Fatal injuries on construction sites, in industrial settings, or from unsafe working conditions
• Defective products: Dangerous products, medications, or medical devices that cause fatal injuries
• Elder abuse and neglect: Deaths resulting from abuse, neglect, or inadequate care in nursing homes and assisted living facilities
• Criminal acts: Homicide, assault, and other intentional acts of violence that result in death

Recoverable Damages

In a California wrongful death case, surviving family members may recover compensation for:

• Loss of financial support: The income and financial contributions the decedent would have provided to the family over their expected lifetime
• Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support: These non-economic damages reflect the personal and relational losses suffered by surviving family members
• Funeral and burial expenses: Reasonable costs associated with the decedent’s funeral, burial, or cremation
• Loss of household services: The value of services the decedent provided around the home
• Loss of training and guidance: Particularly relevant for minor children who have lost a parent

Statute of Limitations

Under CCP § 335.1, the statute of limitations for a wrongful death action in California is two years from the date of death. If you miss this deadline, you will almost certainly be permanently barred from filing a claim.

There is an important exception for claims against government entities. If the wrongful death was caused by a public agency or government employee, you must file a government tort claim within six months of the date of death under the California Government Claims Act. Failure to file this administrative claim within the six-month window can destroy your right to sue.

Punitive Damages in Survival Actions

While punitive damages are not available in a wrongful death claim itself, they may be recoverable in a companion survival action where the defendant’s conduct was particularly egregious—such as cases involving intentional harm, fraud, or malice. Punitive damages serve to punish the wrongdoer and deter similar conduct in the future.

“No amount of money can replace the person you lost. But justice can ease the burden they left behind—and prevent the same tragedy from happening to another family.”