If you lost a family member because of someone else's negligence, California law gives you the right to file a wrongful death claim — but only if you meet specific standing requirements, and only within a strict time window. This article explains who can sue, what you can recover, how the claim differs from a survival action, and what deadlines you cannot afford to miss.
Quick answers:
- Who can sue: Spouse, domestic partner, children, and — if none exist — heirs under California's intestacy laws (Cal. Code Civ. Proc. §377.60)
- What you can recover: Economic losses (lost support, household services) + non-economic losses (loss of companionship) — but NOT your own grief or emotional distress
- Deadline: 2 years from the date of death (Cal. Code Civ. Proc. §335.1)
- Government cases: Six-month government tort claim deadline applies first (Cal. Gov. Code §911.2)
- Medical malpractice deaths: Non-economic damages are capped under MICRA; the 2023 death-case cap started at $500,000
- Survival action: A separate claim the estate brings for what the decedent suffered before dying (Cal. Code Civ. Proc. §377.30)
Who Has Standing to File a Wrongful Death Claim in California
Not everyone who loved the person who died has the legal right to sue. California Code of Civil Procedure §377.60 sets a precise hierarchy.
Tier 1 — Spouse or Domestic Partner and Children
The first people who can bring a wrongful death action are:
- The surviving spouse or registered domestic partner
- The children of the decedent
If both exist, they may sue together in the same action. A child born outside of marriage qualifies under §377.60 as long as the parent-child relationship is established under California law.
Tier 2 — Heirs Under Intestacy
If the decedent left no surviving spouse, domestic partner, or children, §377.60 expands standing to:
- Parents
- Siblings
- Any other person who would inherit under California's intestacy statutes (Cal. Prob. Code §6402)
One action, one recovery. All heirs with standing must join in the same lawsuit. California does not permit multiple separate wrongful death suits arising from the same death — the court allocates the recovery among the plaintiffs.
Putative Spouses and Financial Dependents
California also extends standing to a putative spouse (someone who had a good-faith belief they were married to the decedent) and to minors who were dependent on the decedent even if not biologically related, provided they lived in the household for at least 180 days before the death and received at least half of their financial support from the decedent. These are narrower provisions, and whether someone qualifies often requires a closer factual analysis.
Under California Code of Civil Procedure §377.60, the people who may file a wrongful death claim are the surviving spouse or domestic partner, the deceased's children, and — if none of those heirs exist — anyone who would inherit under California's intestacy laws.
Wrongful Death vs. Survival Action — What's the Difference
These two claims often arise from the same death, but they are legally distinct. Confusing them is one of the most common mistakes families make when researching their options.
Wrongful Death Claim (CCP §377.60)
The wrongful death claim belongs to the surviving family members. It compensates them for what they lost when the decedent died — the financial support, the household services, and the love and companionship they will never receive.
Survival Action (CCP §377.30)
A survival action belongs to the decedent's estate, not the heirs directly. It picks up the claims the decedent could have brought had they survived. Those claims include:
- Medical and hospital expenses incurred before death
- Lost wages and earnings the decedent lost between the injury and the date of death
- Property damage
Importantly, pain and suffering the decedent experienced before dying is recoverable in a survival action — subject to the same MICRA cap in medical malpractice cases. The estate files the survival action through a personal representative or successor in interest.
A survival action under Code of Civil Procedure §377.30 is brought by the deceased person's estate and covers losses the decedent suffered before dying — such as pre-death medical costs and lost earnings — which is different from the wrongful death claim brought by the surviving family.
Practical consequence: In a fatal car crash caused by a negligent driver, the surviving spouse can file a wrongful death claim for loss of financial support and companionship. The estate can simultaneously file a survival action for the medical bills incurred in the emergency room before the decedent died. Both claims may proceed in the same lawsuit.
What Damages Are Recoverable in a California Wrongful Death Case
California divides recoverable damages into two buckets: economic and non-economic.
Economic Damages
Economic damages are meant to replace the financial value the decedent provided to the surviving heirs. They include:
- Lost financial support — the income and benefits the decedent would have earned and contributed to the household over their expected working life, discounted to present value
- Loss of household services — childcare, cooking, home maintenance, and other domestic contributions the decedent performed
- Funeral and burial expenses — recoverable by the heirs who paid them
Calculating lost financial support requires projecting the decedent's earning capacity, likely career trajectory, expected retirement, and probability of surviving to different life stages. Courts allow expert economists to testify on these projections. There is no fixed formula — but there is also no cap on economic damages in most California wrongful death cases.
Non-Economic Damages
Non-economic damages compensate surviving heirs for the relational losses that cannot be reduced to a paycheck. California recognizes:
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- Loss of training and guidance (particularly important when the decedent was a parent of minor children)
Wrongful death claimants can recover economic losses like lost financial support and household services, as well as non-economic losses like loss of love and companionship, but they cannot recover for their own grief or emotional distress under California law.
What California does not allow surviving family to recover in a wrongful death claim: their own grief, sorrow, or emotional distress. The California Supreme Court has consistently held that personal mental suffering of the heir is not compensable under the wrongful death statute. This is counterintuitive — the people who suffer most personally are barred from recovering for that suffering — but it is the current state of California law.
The MICRA Cap in Medical Malpractice Wrongful Death Cases
Most California wrongful death cases — car crashes, falls, defective products, workplace incidents — face no cap on either economic or non-economic damages.
The exception is medical malpractice. Under the Medical Injury Compensation Reform Act (MICRA), non-economic damages in a medical malpractice case are subject to a statutory cap. Following the 2022 AB 35 amendments, the rules changed significantly for deaths occurring on or after January 1, 2023:
- Death cases: Non-economic damages begin at a cap of $500,000 and increase incrementally each year, reaching $1,000,000 by 2034.
- The cap applies per incident, not per plaintiff.
For wrongful deaths caused by medical malpractice on or after January 1, 2023, non-economic damages are capped under MICRA at $500,000 for 2023 deaths, rising toward $1,000,000 by 2034.
If your family member died as a result of a hospital error, a surgical mistake, or another healthcare provider's negligence, the MICRA cap is a critical factor in evaluating the case value. Economic damages remain uncapped even in MICRA cases.
The 2-Year Deadline — and the Government-Claim Exception
Standard Statute of Limitations
California Code of Civil Procedure §335.1 sets the wrongful death statute of limitations at two years from the date of death. Miss this deadline and your claim is almost certainly gone — courts strictly enforce it.
California's wrongful death statute of limitations is two years from the date of death under Code of Civil Procedure §335.1.
A few narrow exceptions exist:
- Discovery rule: In rare cases where the cause of death was not immediately known and could not reasonably have been discovered (for example, delayed diagnosis of a toxic exposure), the two years may run from the date the family knew or reasonably should have known the cause. This exception is narrow and litigated case by case.
- Minor heirs: If an heir is a minor at the time of death, the statute of limitations may be tolled under Cal. Code Civ. Proc. §352 until the minor turns 18, at which point the two-year clock starts.
Claims Against a Government Agency or Employee
If the person responsible for the death was a government agency, government employee, or public entity — a city bus driver, a county road crew, a public hospital — the timeline is shorter and the rules are different.
If a government agency or public employee caused the death, surviving heirs must file a government tort claim within six months of the date of death under Government Code §911.2 before filing a lawsuit.
Under Cal. Gov. Code §911.2, heirs must present a written government tort claim to the responsible agency within six months of the date of death. The agency then has 45 days to accept or reject the claim. Only after that process is complete — or deemed rejected — can the family file a lawsuit in court. Skipping this step bars the civil claim entirely.
If you believe a government entity may be involved, treat the six-month deadline as the controlling deadline, not the two-year statute of limitations.
Common Underlying Causes of California Wrongful Death Claims
A wrongful death claim can arise from any situation where another person or entity's negligence, recklessness, or intentional conduct caused the death. The most common underlying causes we see in Southern California include:
Motor Vehicle Crashes
Fatal car, truck, and motorcycle accidents account for a significant share of wrongful death cases. California requires drivers to exercise reasonable care under the general negligence standard. When a driver is impaired, distracted, or speeding, and a fatality results, the deceased's heirs can bring a wrongful death claim against the at-fault driver — and, in commercial vehicle cases, potentially against the driver's employer under respondeat superior.
Premises Liability
Property owners in California owe a duty of reasonable care to people on their property under Cal. Civ. Code §1714. A fatal slip-and-fall, a pool drowning caused by inadequate fencing, or a fatal assault at a poorly secured commercial property can each give rise to a wrongful death claim if the owner's negligence caused the death.
Defective Products
When a product — a vehicle, a piece of industrial equipment, a consumer appliance — fails because of a design defect, manufacturing defect, or failure to warn, and someone dies as a result, the manufacturer and others in the chain of distribution can face wrongful death liability under California's strict products liability doctrine.
Workplace Fatalities and Third-Party Claims
If your family member died in a workplace accident, workers' compensation benefits are typically the exclusive remedy against the employer. However, if a third party — a subcontractor, an equipment manufacturer, a property owner — contributed to the fatal accident, the heirs may bring a wrongful death claim against that third party in addition to the workers' comp death benefits. These cross-claim situations require careful analysis because the workers' comp insurer may assert a lien against any third-party wrongful death recovery.
If the death occurred at work, you may want to review the firm's workers' compensation practice area page for how both claims interact.
Medical Malpractice
As discussed above, deaths caused by physician error, hospital negligence, or anesthesia mistakes fall under the MICRA framework. These cases are procedurally complex, typically require expert declarations under Cal. Code Civ. Proc. §411.35, and carry the MICRA non-economic cap.
How a Wrongful Death Case Moves Through the System
Understanding the basic sequence helps families know what to expect:
- Immediate investigation — Preserve evidence: accident reports, medical records, surveillance footage, phone records, and witness statements. Evidence degrades and disappears quickly after a fatal incident.
- Identify all potentially liable parties — In a truck accident, this could include the driver, the trucking company, the cargo loader, and the truck manufacturer. Missing a defendant early can limit recovery.
- Government claim (if applicable) — If a public entity is involved, file the government tort claim under Gov. Code §911.2 within six months of death.
- File the complaint — The wrongful death complaint is filed in California Superior Court. All heirs with standing are joined as plaintiffs in a single action.
- Discovery — Both sides exchange documents, take depositions, and retain expert witnesses (accident reconstructionists, economists, medical experts).
- Mediation / settlement negotiation — The substantial majority of wrongful death cases resolve before trial through negotiated settlement or mediation.
- Trial — If no settlement is reached, the case proceeds to jury trial. The jury determines liability and apportions damages.
- Court approval for minor heirs — If any heir is a minor, the court must approve the settlement to ensure it is in the minor's best interest.
The timeline from filing to resolution varies widely — complex cases with disputed liability often take two to four years.
Frequently Asked Questions
Who can file a wrongful death claim in California?
Under Cal. Code Civ. Proc. §377.60, the people with standing are the surviving spouse or domestic partner, the decedent's children, and — if none of those heirs survive — persons who would inherit under California's intestacy laws, such as parents or siblings. A putative spouse and financially dependent household members may also qualify under specific conditions.
What damages can you recover in a California wrongful death case?
You can recover economic damages — lost financial support, loss of household services, and funeral costs — and non-economic damages such as loss of love, companionship, and moral support. You cannot recover for your own grief, sorrow, or emotional distress as a surviving heir under California's wrongful death statute.
How long do you have to file a wrongful death lawsuit in California?
The standard deadline is two years from the date of death under Cal. Code Civ. Proc. §335.1. If a government entity is involved, you must first present a government tort claim within six months of the date of death under Gov. Code §911.2. Minor heirs may have the deadline tolled until they turn 18.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim belongs to the surviving family members and compensates them for what they lost — financial support and companionship. A survival action belongs to the deceased person's estate under Cal. Code Civ. Proc. §377.30 and covers what the decedent lost before dying, including pre-death medical bills, lost earnings, and pre-death pain and suffering.
Are there caps on wrongful death damages in California?
For most wrongful death cases, there are no caps on either economic or non-economic damages. The exception is medical malpractice: under the MICRA amendments, for deaths occurring on or after January 1, 2023, non-economic damages in a wrongful death death-case began at a cap of $500,000 and increase each year toward $1,000,000 by 2034. Economic damages remain uncapped even in MICRA cases.
Can you file a wrongful death claim if the death happened at a workplace?
Potentially, yes. Workers' compensation provides death benefits and is generally the exclusive remedy against the employer. However, if a third party — a subcontractor, equipment manufacturer, or property owner — contributed to the death, surviving heirs may bring a wrongful death claim against that third party. The workers' comp insurer may assert a lien against any third-party recovery.
What if the person who caused the death was a government employee?
You must file a government tort claim with the responsible public entity within six months of the date of death under Cal. Gov. Code §911.2. The agency has 45 days to respond. If it rejects the claim or fails to act, you may then file a civil lawsuit. Skipping the government claim process bars the lawsuit.
Does it matter if the decedent was partly at fault for their own death?
California follows a pure comparative fault system. Even if the decedent was partially responsible for the accident, surviving heirs can still recover — but the damages will be reduced in proportion to the decedent's share of fault. For example, if a jury finds the decedent was 25% at fault, the heirs' recovery is reduced by 25%.
How much is a wrongful death case worth in California?
There is no honest average or typical number. Case value depends on the decedent's age, income, earning potential, the nature of the relationship with surviving heirs, liability strength, available insurance, and — in medical malpractice cases — the MICRA cap. We never quote a number before we have reviewed the specific facts of the case.
Do I need an attorney to file a wrongful death claim?
You are not legally required to hire an attorney, but wrongful death cases involve complex procedural requirements, expert witnesses, discovery battles with insurers and defense counsel, and — in MICRA cases — specialized knowledge of the cap structure. Families who are unrepresented routinely settle for significantly less than the full value of their case. We handle wrongful death cases on a contingency basis — no fee unless we win.
Talk to a Wrongful Death Attorney Today
Losing a family member is devastating. The legal process does not reduce that loss — but it can provide accountability and the financial support your family needs to move forward.
Every wrongful death case is time-sensitive. The six-month government-claim window and the two-year statute of limitations do not pause while you grieve. The sooner the investigation begins, the better the evidence is preserved and the stronger your family's position.
At Nordanyan Law, we've recovered over $150,000,000 for injured workers and their families across Southern California. We take wrongful death cases on contingency — $0 upfront, no fee unless we win. We're available in English and Spanish.
Call (818) 794-9947 for a free consultation. We'll review your case, explain your options, and tell you honestly what we think you can recover — with no obligation to hire us.
Reviewed by Minas Nordanyan, CA Bar #296806. Last legal review: 2026.