California's Filing Deadline

You generally have two years from the date of death to file. Under California Code of Civil Procedure § 335.1, wrongful death claims must be filed within two years. If a government agency is involved (for example, a city bus or a public hospital), a separate administrative claim must typically be filed much sooner — often within six months. See our full statute of limitations guide for how discovery rules and other exceptions may apply.

Who Can File in California

The surviving spouse, domestic partner, children, and descendants of deceased children may file directly. Under California Code of Civil Procedure § 377.60, if there are no surviving descendants, others entitled to the decedent's property through intestate succession may qualify, along with certain dependent stepchildren, parents, or minors who lived in the decedent's household for at least 180 days and received at least half their support from the decedent. The decedent's personal representative (estate) may also bring the action on behalf of any eligible party. See our who can sue guide for the general pattern used across most states.

What Compensation May Cover

• Funeral and burial expenses
• Lost financial support the deceased would have provided
• Loss of companionship, guidance, and care
• Mental anguish experienced by surviving family members

California does not apply the same non-economic damage caps to wrongful death claims that it applies to some personal injury cases — see our wrongful death vs. personal injury guide for more on this distinction.