Wrongful Death Lawsuits in California

Learn about wrongful death claims in California -- what they are, who can sue, and what damages are recoverable.

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

In this article, we'll look at wrongful death laws in California, including what California's wrongful death statute has to say about who can can file this kind of lawsuit, and what damages are available. We'll also cover the time limits for bringing a wrongful death claim in California. Read on for the details.

What is Wrongful Death?

In California, a "wrongful death claim" arises when one person dies as the result of the wrongful act or negligence of another person or entity. A wrongful death claim is a civil lawsuit. It is brought to court directly by the survivors of the deceased person, or by the personal representative of the deceased person's estate, and fault is expressed solely in terms of money damages, which the court orders the defendant to pay to the decedent's survivors (assuming the lawsuit is successful).

In these ways, a wrongful death claim differs from a criminal case for homicide, which is brought by the state and in which guilt is penalized with jail or prison time, probation, and other methods. A family in California may bring a civil wrongful death claim to court even if a criminal case is already going forward.

Who May File a Wrongful Death Claim in California?

Only certain people are allowed to file a wrongful death lawsuit in California. The relevant statute specifically allows the following parties to bring a wrongful death claim:

  • the deceased person's surviving spouse
  • the deceased person's domestic partner
  • the deceased person' s surviving children
  • if there is no surviving person in the deceased person's line of descent, then a wrongful death lawsuit may be brought by anyone "who would be entitled to the property of the decedent by intestate succession"; that can include the deceased person's parents, or the deceased person's siblings, depending on who is living at the time of the deceased person's death, 

And, if they can show they were financially dependent on the deceased person, the following people can also bring a wrongful death lawsuit in California:

  • the deceased person's "putative spouse" and children of the putative spouse
  • the deceased person's stepchildren, and 
  • the deceased person's parents. 

You can read the full text of the California wrongful death statute at California Code of Civil Procedure section 337.60, et seq.

What Damages are Available in a Wrongful Death Claim?

A number of different varieties of personal injury damages are available in a wrongful death claim in California. The specific amounts involved will depend on the facts of an individual case.

Damages are typically divided according to whether they compensate the estate for losses associated with the death, or the surviving family members for the personal losses they suffered as a result of the death. Losses that are typically attributed to the estate include:

  • funeral and burial expenses
  • medical and hospital bills for the deceased person's final illness or injury, and
  • lost income, including potential income the deceased person would reasonably have been expected to earn in the future had he or she lived.

Losses that are typically attributed to the surviving family members include:

  • the value of household services
  • loss of anticipated financial support, and
  • loss of love, community, attention, affection, moral support, and guidance.

How Long Does a Family Have to File a Wrongful Death Claim?

Like personal injury claims, wrongful death claims in California must be filed within a specific time period (which is known as a statute of limitations in legalese). California law requires a wrongful death claim to be filed within two years of the date of the decendent's death. If the case is not filed in the state's civil court system within two years, the family will almost certainly lose the right to file it at all.

Talk to a Personal Injury Lawyer

Need a lawyer? Start here.

HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Connect with local attorneys
Related Ads
LA-NOLO1:CM1.2.1.1.20150623.32264+