Wrongful Death Laws in California
If your family has lost a loved one due to someone else's negligence, recklessness, or intentional misconduct in California, you may have the right to file a wrongful death lawsuit. California wrongful death law provides surviving family members with a legal path to recover financial compensation for their losses — including lost income, funeral expenses, and the devastating emotional impact of losing someone who should still be alive.
This guide covers everything you need to know about filing a wrongful death claim in California: the filing deadline, who has standing to sue, what damages are available, how government claims work, and the specific rules that make California different from other states.
Statute of Limitations — 2 years Filing Deadline
Under Cal. Civ. Proc. Code § 335.1, the statute of limitations for wrongful death claims in California is 2 years from the date of death. This is a hard deadline — if the family does not file the lawsuit within this period, the court will almost certainly dismiss the case regardless of how strong the evidence is.
California applies a discovery rule in cases where the cause of death was not immediately apparent, such as medical malpractice or toxic exposure cases. The statute of limitations begins running when the plaintiff knew or should have known that the death was caused by wrongful conduct.
Government Claims Notice
Claims against California government entities require filing a government tort claim within six months of the incident (Cal. Gov. Code § 911.2). Failure to file this administrative claim before suing will result in dismissal.
Who Can File a Wrongful Death Lawsuit in California
Under Cal. Civ. Proc. Code § 377.60, a wrongful death action in California may be filed by surviving spouse, domestic partner, children, or issue of deceased children. If none exist, anyone entitled to the property under intestate succession may file (Cal. Civ. Proc. Code § 377.60). Putative spouses, stepchildren who were dependent on the deceased, and parents may also qualify. California also allows minors to file through a guardian ad litem.
Understanding filing rights is critical because a case filed by the wrong party can be dismissed on procedural grounds, even if the underlying facts strongly support liability. If you are unsure whether you have standing to file, an experienced California wrongful death attorney can evaluate your situation during a free consultation.
Damages Available in California Wrongful Death Cases
Economic damages include lost income, funeral expenses, and the value of household services. Non-economic damages include loss of companionship, love, comfort, care, assistance, protection, affection, society, and moral support. California does not cap non-economic damages in wrongful death cases outside of medical malpractice. Punitive damages are generally not available in wrongful death actions under California law, though they may be pursued through a separate survival action.
Calculating the full value of a wrongful death claim requires expert analysis of the deceased's earning history, career trajectory, household contributions, and the intangible value of their relationships with surviving family members. An experienced attorney will work with economists, vocational experts, and life care planners to build the strongest possible case for maximum compensation.
California-Specific Rules and Considerations
California is a community property state, which affects how damages are distributed among surviving family members. The state follows pure comparative negligence, meaning recovery is reduced by the deceased's percentage of fault but never completely barred. California also has a separate survival action statute (Cal. Civ. Proc. Code § 377.30) that allows the estate to recover damages the deceased suffered before death, including conscious pain and suffering.
Common Causes of Wrongful Death in California
Motor vehicle accidents on California highways, including multi-vehicle collisions on I-5, I-405, and I-10. Medical malpractice at hospitals and surgical centers. Workplace fatalities in the construction, agriculture, and manufacturing sectors. Pedestrian and bicycle fatalities in urban areas, particularly Los Angeles and San Francisco.
Regardless of the specific cause, the legal framework is the same: the plaintiff must prove that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly caused the death. An experienced California wrongful death attorney will know how to investigate the specific circumstances of your case and build the strongest possible claim.
The Wrongful Death Claim Process in California
The wrongful death litigation process in California follows a defined series of steps. The process begins with a free consultation where an attorney evaluates the facts, identifies liable parties, and explains the applicable law. If the attorney takes the case — almost always on a contingency fee basis — they will conduct a thorough investigation, gathering police reports, medical records, autopsy results, workplace safety records, and witness statements.
The attorney then files a formal complaint in California state court (or federal court if diversity jurisdiction applies), naming the defendants and specifying the legal theories and damages. During the discovery phase, both sides exchange documents, depose witnesses, and obtain expert reports. Most wrongful death cases — an estimated 90% to 95% nationwide — settle before trial through direct negotiation or court-ordered mediation. Cases that do not settle proceed to a jury trial.
The timeline from filing to resolution varies widely. Straightforward cases with clear liability may settle within 12 to 18 months. Complex cases involving multiple defendants, disputed liability, or government entities can take two to four years or longer.
Finding the Right Wrongful Death Attorney in California
Choosing an attorney with specific experience in California wrongful death law is essential. The right attorney should understand the nuances of Cal. Civ. Proc. Code § 377.60, have a track record of significant verdicts and settlements in California courts, maintain the financial resources to fund a thorough investigation, and communicate clearly throughout the process.
Most California wrongful death attorneys offer free initial consultations and work on contingency, meaning you pay nothing upfront. The attorney's fee — typically 33% to 40% of the recovery — comes from the settlement or verdict. If there is no recovery, you owe nothing.
California Wrongful Death FAQ
The statute of limitations is 2 years from the date of death under Cal. Civ. Proc. Code § 335.1. Claims against government entities may require earlier notice — sometimes as short as 60 to 90 days. Missing the deadline permanently bars the claim, so consulting an attorney promptly is critical.
Under Cal. Civ. Proc. Code § 377.60, the following may file: surviving spouse, domestic partner, children, or issue of deceased children. If none exist, anyone entitled to the property under intestate succession may file (Cal. Civ. Proc. Code § 377.60). Putative spouses, stepchildren who were dependent on the deceased, and parents may also qualify. California
Economic damages include lost income, funeral expenses, and the value of household services. Non-economic damages include loss of companionship, love, comfort, care, assistance, protection, affection, society, and moral support. California does not cap non-economic damages in wrongful death cases outside of medical malpractice. Punitive damages are generally not available in wrongful death actions
Most California wrongful death attorneys work on a contingency fee basis. The family pays nothing upfront — the attorney's fee, typically 33% to 40%, comes from the settlement or verdict. If there is no recovery, the family owes no legal fees. The initial consultation is free. Read our full guide to attorney costs.
Motor vehicle accidents on California highways, including multi-vehicle collisions on I-5, I-405, and I-10. Medical malpractice at hospitals and surgical centers. Workplace fatalities in the construction, agriculture, and manufacturing sectors. Pedestrian and bicycle fatalities in urban areas, particularly Los Angeles and San Francisco.