How to File a Wrongful Death Lawsuit in California: What Families Need to Know

Losing a family member because of someone else’s negligence or misconduct is devastating. In the immediate aftermath, the legal process is the last thing most families want to think about. But wrongful death claims in California have strict deadlines — and the decisions made in the weeks and months after a loss can significantly affect your family’s ability to seek justice and financial recovery.

This guide explains how California’s wrongful death law works, who has the right to sue, what damages are available, and what the litigation process typically looks like.

What Is a Wrongful Death Claim in California?

A wrongful death claim is a civil lawsuit brought by surviving family members when a person is killed due to the negligent, reckless, or intentional misconduct of another party. It is separate from any criminal charges that might arise from the same incident — you can pursue a wrongful death civil case regardless of whether criminal charges are filed or result in a conviction.

California’s wrongful death statute is found at Code of Civil Procedure § 377.60. It allows certain family members to sue for the losses they personally suffer as a result of their loved one’s death.

Common Causes of Wrongful Death Claims

• Motor vehicle accidents caused by a negligent or intoxicated driver
• Defective products, including vehicles with faulty safety systems
• Medical malpractice — surgical errors, misdiagnosis, medication mistakes
• Dangerous road conditions caused by government negligence
• Workplace accidents and construction site fatalities
• Criminal acts, including assault
• Premises liability — unsafe conditions on someone else’s property

Who Can File a Wrongful Death Lawsuit in California?

Not everyone who is grieving has the legal right to file a wrongful death claim. California law limits standing to specific categories of survivors:

Primary Claimants (Always Have Standing)

• The surviving spouse or registered domestic partner
• The surviving children of the deceased
• Surviving grandchildren, if the deceased’s children are also deceased

Secondary Claimants (Standing If No Primary Claimants Exist)

• Any person who was financially dependent on the deceased at the time of death
• The deceased’s parents, if they were dependent on the deceased
• The deceased’s siblings, if they were dependent on the deceased
• A putative spouse (a person who had a good-faith belief they were married to the deceased)

All eligible claimants must typically join in a single wrongful death action — they cannot file separate lawsuits. If family members disagree about how to proceed, that conflict will need to be resolved before or during the litigation.

What Damages Can You Recover in a California Wrongful Death Case?

California wrongful death damages compensate surviving family members for the losses they experience as a result of their loved one’s death. These are distinct from the losses the deceased suffered — those are addressed through a related claim called a survival action.

Economic Damages

• Financial support the deceased would have contributed to the family over their expected lifetime
• Loss of gifts or benefits the survivors reasonably expected to receive
• Funeral and burial expenses
• Reasonable value of household services the deceased would have provided

Non-Economic Damages

• Loss of love, companionship, comfort, and affection
• Loss of moral support and guidance
• Loss of training and education the deceased would have provided to children

What Is Not Recoverable in a Wrongful Death Claim

California does not allow wrongful death plaintiffs to recover for their own grief, sorrow, or mental anguish — those damages belong to the deceased’s estate through a survival action, not to the surviving family members directly. This is a commonly misunderstood limitation of California’s wrongful death statute.

What Is a Survival Action?

A survival action is a separate claim brought on behalf of the deceased’s estate for losses the deceased personally suffered before death — including pain and suffering, medical expenses incurred after the injury, and lost earnings between the injury and death. Survival actions and wrongful death claims are frequently filed together and litigated in parallel.

How Long Do You Have to File in California?

The statute of limitations for wrongful death claims in California is two years from the date of death. This deadline is strict — courts rarely grant exceptions, and missing it will almost certainly eliminate your right to recover entirely.

Important Exceptions and Shorter Deadlines

• Government entities: If the death was caused by a government employee or on government property — including Caltrans, a public hospital, a school district, or a city — you must file a government tort claim within six months of the incident before you can sue. Missing this deadline is fatal to the case.
• Medical malpractice: Wrongful death claims arising from medical malpractice have a three-year maximum from the date of injury or one year from discovery of the injury, whichever is earlier.
• Minors: Special rules apply when the deceased left behind minor children or when the claimant is a minor.

Because these deadlines are both strict and variable, consulting an attorney as soon as possible after a wrongful death is essential — not just to protect your legal rights, but to preserve evidence before it is lost.

What Does the Wrongful Death Lawsuit Process Look Like?

While every case is different, wrongful death litigation in California typically follows this general timeline:

1. Case Evaluation and Investigation

An attorney reviews the facts, identifies all potentially liable parties, and begins gathering evidence — accident reports, medical records, surveillance footage, vehicle data, and witness statements. In complex cases involving defective products or government defendants, expert analysis begins at this stage.

2. Filing the Complaint

The formal lawsuit is filed in the appropriate California court. All eligible family members must be identified as plaintiffs, and all potentially liable defendants must be named.

3. Discovery

Both sides exchange evidence through depositions, written questions (interrogatories), document requests, and expert disclosures. This is often the longest phase of litigation — and in high-stakes cases against corporations or government defendants, it can be highly contested.

4. Mediation and Settlement Negotiations

Most wrongful death cases settle before trial. A skilled trial attorney’s willingness and ability to take a case to verdict — and win — is the single most powerful lever in settlement negotiations. Defendants settle larger cases when they believe the attorney across the table is genuinely prepared to try the case.

5. Trial

If settlement is not reached, the case proceeds to jury trial. California wrongful death trials are decided by jury, and the jury determines both liability and the amount of damages. Verdicts in serious wrongful death cases can reach into the tens or hundreds of millions of dollars.

Frequently Asked Questions: California Wrongful Death Lawsuits

Who can file a wrongful death lawsuit in California?

Surviving spouses or domestic partners, surviving children, and surviving grandchildren if the children are also deceased. If none of these survive, individuals who were financially dependent on the deceased may also have standing under California Code of Civil Procedure § 377.60.

How long do you have to file a wrongful death lawsuit in California?

Two years from the date of death for most claims. Government entity claims require a tort claim within six months of the incident. Medical malpractice wrongful death claims have additional rules. Consult an attorney immediately to ensure your deadlines are protected.

What damages are available in a California wrongful death lawsuit?

Economic damages include lost financial support, household services, and funeral costs. Non-economic damages include loss of love, companionship, and guidance. California does not permit surviving family members to recover for their own emotional grief in a wrongful death claim — those damages go through a survival action filed by the estate.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim is for the surviving family members’ own losses. A survival action is for the losses the deceased suffered before death — including their pain and suffering, medical expenses, and lost earnings. Both are frequently filed together in California wrongful death litigation.

Speak With a California Wrongful Death Attorney

If your family lost a loved one due to someone else’s negligence or misconduct, you deserve experienced legal representation from an attorney who has taken serious wrongful death cases all the way to verdict — and won. My office handles wrongful death cases throughout California on a contingency fee basis, meaning you pay nothing unless we recover for you.

Call: (619) 771-3473

Attorney advertising. Past results do not guarantee similar outcomes. This article is for general informational purposes and does not constitute legal advice.