Wrongful Death

Who Can File

California law limits who can bring a wrongful death claim.

Under California Code of Civil Procedure § 377.60, standing is restricted to specific surviving relatives and dependents.

Generally eligible to file:

• Surviving spouse or registered domestic partner
• Surviving children (biological or adopted)
• Grandchildren, if the deceased's children are also deceased
• Anyone entitled to the decedent's property under California intestate succession law

May qualify in specific circumstances:

• Putative spouses and their children
• Stepchildren and parents who depended on the decedent financially
• Minors who lived with the decedent for at least 180 days and depended on them for at least half of their support

Damages

What compensation can cover

California allows both economic losses, which can be calculated, and non-economic losses, which compensate for what a family loses.
‍

• Lost future income & benefits
  Wages, health insurance, retirement contributions, and other benefits the decedent would have provided.
  ‍
• Funeral & burial expenses
  Reasonable costs already incurred or expected as a result of the death.
  ‍
• Loss of financial support
  The value of household services, care, and financial contributions the family has lost.
  ‍
• Loss of companionship
  Loss of love, comfort, care, society, and moral support.
  ‍
• Loss of guidance
  Loss of training and guidance a parent or spouse would have provided.
  ‍
• Loss of intimacy
  Loss of the marital relationship, where applicable under California law.
  ‍

How long do I have to file a wrongful death claim in California?

Generally two years from the date of death, under California Code of Civil Procedure § 335.1. Claims against government agencies have much shorter deadlines — sometimes as little as six months — so it's worth speaking with an attorney as soon as possible.

Who can be held liable for a wrongful death?

Depending on the circumstances, liability may fall on individuals, employers, property owners, manufacturers, healthcare providers, or government entities — any party whose negligence or misconduct contributed to the death.