How to File a Wrongful Death Claim in California

California Wrongful Death Law — CCP Section 377.60

California's wrongful death statute is codified in Code of Civil Procedure Section 377.60. A wrongful death claim may be brought when a person dies as a result of another party's negligence, recklessness, or intentional wrongdoing. The claim is brought by the surviving family members on their own behalf — not as representatives of the deceased's estate — for the losses they personally suffered as a result of the death.

This is an important distinction: wrongful death claims compensate the survivors for their loss, while a separate "survival action" under CCP §377.30 compensates the estate for what the deceased suffered and lost before death. Both types of claims can — and frequently should — be brought simultaneously in the same lawsuit.

Who Has Standing to File — CCP 377.60

California law specifically defines who may bring a wrongful death action. Standing is not unlimited — only specific categories of survivors have the right to file:

• Surviving spouse or registered domestic partner: Primary standing — first priority
• Surviving children of the deceased: Both minor and adult children have standing, jointly with the surviving spouse
• Issue of deceased children: If a child of the decedent predeceased them, that child's own children (the decedent's grandchildren) may have standing
• Intestate heirs: If there is no surviving spouse or children, other persons entitled to the decedent's property under California's intestate succession laws — including parents, siblings, or other heirs — may file
• Putative spouses: A person who in good faith believed they were lawfully married to the decedent (even if the marriage was technically invalid) may have standing
• Financially dependent stepchildren: Stepchildren who were financially dependent on the decedent may have standing even without formal adoption
• Financially dependent parents: Parents who were financially dependent on the decedent may file if there is no surviving spouse or children

Wrongful Death vs. Survival Action — Understanding the Difference

California allows two separate but related claims arising from the same death:

• Wrongful death action (CCP §377.60): Brought by surviving family members for their losses — financial support they would have received, loss of companionship, guidance, and love. These are the survivors' own damages.
• Survival action (CCP §377.30): Brought by the personal representative of the deceased's estate for damages the deceased would have recovered if they had survived — including pre-death pain and suffering (if conscious), medical expenses incurred before death, and property damage. Punitive damages are available in survival actions, even though they are generally not available in pure wrongful death claims.

Both actions typically arise from the same set of facts and the same defendant conduct. They are usually prosecuted together in the same lawsuit by the same legal team, but the damages flow to different recipients — the family directly under wrongful death, and the estate (and ultimately its beneficiaries) under survival.

What Damages Can Be Recovered?

Wrongful Death Damages

• Economic support: The present value of the financial contributions the decedent would have made to the family — including salary, business income, and retirement benefits — over their projected working life
• Household services: The value of chores, childcare, home maintenance, and other domestic contributions the decedent would have provided
• Loss of companionship: The loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support
• Loss of training and guidance for children: Particularly significant in cases involving young children who lose a parent
• Funeral and burial expenses: Reasonable costs of the decedent's funeral and burial

Survival Action Damages

• Medical and hospital expenses incurred between injury and death
• The deceased's pre-death pain and suffering (if the deceased survived for any period after the injury)
• Lost earnings from the time of injury to death
• Property damage
• In appropriate cases, punitive damages — particularly significant in drunk driving deaths, intentional killing, or grossly reckless conduct

Statute of Limitations for Wrongful Death in California

The deadline for filing a wrongful death lawsuit in California is strict and unforgiving:

• Standard deadline: 2 years from the date of death under CCP §335.1
• Medical malpractice deaths: The shorter MICRA timeline may apply — 1 year from when survivors knew or should have known of the negligence, or 3 years from the date of death, whichever comes first
• Government entity: If the defendant is a city, county, or public entity (including public hospitals, transit agencies, or government vehicles), a government tort claim must be filed within 6 months of the death — before any lawsuit can be filed

These are hard deadlines. Missing them results in permanent loss of the right to sue — no exceptions. The moment you have any reason to believe a death resulted from someone else's negligence, call an attorney immediately.

Common Causes of Wrongful Death in Los Angeles

Wrongful death claims arise from many types of negligence and intentional conduct:

• Fatal car, motorcycle, and truck accidents
• Pedestrian fatalities — a persistent crisis on LA's Vision Zero High Injury Network
• Construction and workplace accident fatalities
• Medical malpractice — surgical errors, delayed diagnosis of serious conditions, medication errors
• Defective products — vehicle defects, dangerous drugs, consumer product failures
• Premises liability — unsafe buildings, fires, drownings in inadequately secured pools
• Criminal acts where the defendant also faces civil liability — assault, DUI homicide

Steps to Take After a Wrongful Death

1. Preserve evidence immediately: Photographs of the accident scene, vehicles, property, and any visible conditions. Evidence can disappear within hours.
2. Request all official reports: Police/CHP reports, autopsy reports (request from coroner's office), Cal/OSHA reports for workplace deaths
3. Collect the decedent's medical records: All treatment from the incident to death
4. Document financial records: Pay stubs, tax returns, pension documents, and any evidence of the decedent's economic contributions to the family
5. Identify all potential defendants: Driver, employer, manufacturer, property owner — all parties whose negligence may have contributed
6. Call InjuryAllies immediately: Wrongful death cases are complex and time-sensitive. Representation should begin as early as possible.

Related Resources

• Wrongful Death Lawyer Los Angeles — Practice Area Page
• Medical Malpractice Lawyer Los Angeles
• What Damages Can I Recover in a California Personal Injury Case?
• California Personal Injury Statute of Limitations
• Personal Injury Lawyer Los Angeles — InjuryAllies Overview

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Every case is different; past results do not guarantee similar outcomes. If you have been injured, contact a licensed California personal injury attorney to discuss the specific facts of your situation. InjuryAllies is a California-licensed law firm.