California Wrongful Death Lawyer

Who can bring a wrongful death claim in California?

The deceased person's heirs, starting with a surviving spouse or registered domestic partner and children. If none of these survive, others who would inherit under California law may bring the claim. Certain dependents, such as a putative spouse, stepchildren and parents who relied on the person financially, may also qualify.

California generally treats wrongful death as one action. All heirs should join the same lawsuit, and the recovery is divided among them. An heir who is left out may have rights against those who settled without them, so it is important to identify every eligible family member early.

What damages are available in a California wrongful death case?

California compensates the family for the value of what was lost. Typical categories include:

• Loss of love, companionship, comfort, care, affection and moral support.
• Loss of financial support and the value of household services.
• Loss of training and guidance, especially for children.
• Funeral and burial expenses.

These losses are proven with both numbers and stories. An economist can measure lost earnings and benefits, and can place a value on the work a stay-at-home parent did for the household. Family members, friends and coworkers can describe the relationship, the daily routines and the guidance the person provided, which helps a jury understand what the family lost.

California generally does not allow damages for grief and sorrow as such, or for the person's own pain and suffering, in the wrongful death claim. Punitive damages are not recoverable in the wrongful death claim itself, though they may be sought in a related survival claim. In medical malpractice deaths, MICRA's cap applies to noneconomic damages, and since 2023 it is higher for wrongful death than for injury.

What is a survival claim in California?

A survival claim belongs to the estate and is brought by the personal representative or successor in interest. It recovers losses the person suffered before death, such as medical bills and lost earnings, and in some cases punitive damages.

For many years, survival claims could not include the person's own pain and suffering. A temporary change in the law allowed those damages in certain cases filed during a set window, so the filing date of a survival claim can matter. Our attorneys review the timing in each case.

How does fault sharing affect a family's recovery?

The family's recovery is reduced by any share of fault assigned to the person who died, but it is never barred. Among defendants, economic losses can generally be collected from any responsible party, while noneconomic losses are divided by each party's share.

A worked example: a family's damages after a fatal crash on Highway 99 total $3,000,000, including $1,200,000 in lost financial support and $1,800,000 in lost companionship. The jury finds a trucking company 70% at fault, a second driver 15% at fault and the deceased person 15% at fault. The family recovers $2,550,000. The trucking company can generally be required to pay the full economic portion of $1,020,000, but only its own 70% share of the noneconomic portion.

What if a public agency is involved, or there is a criminal case?

A written government claim generally must be filed within 6 months when a public entity may be responsible, such as for a dangerous road, a police pursuit or a county hospital. If the claim is denied, a separate deadline to sue applies.

A criminal case is separate from the civil case. A conviction can be strong evidence, and criminal courts may order restitution, but the civil case does not depend on a conviction. The 2-year civil deadline keeps running during a prosecution.

What should a California family do first?

Take care of immediate needs, then protect the claim.

1. Request the death certificate and police or incident reports.
2. Keep photos, messages and records of the person's income and contributions.
3. Identify every heir and decide who will serve as personal representative.
4. Note whether a public agency may be involved, so the 6-month claim is not missed.
5. Avoid recorded statements to insurers before speaking with a lawyer.

If a truck caused the death, see our California truck accident page. Learn about these claims nationally on our wrongful death page, or visit our California injury guide. We offer a free, confidential case review, and families pay no fee unless we win.