When someone dies because of another person's carelessness, California law gives certain family members the right to bring a claim. Nothing about that claim replaces the person. What it can do is address the financial consequences of the loss, and hold the responsible party accountable in the one way the civil courts allow.
There is no rush to call us. When you are ready, we will explain how these cases work, what the deadlines are, and what we would need from you. The consultation is free, and we will not push you toward a decision.
Situations That Can Lead to a Wrongful Death Claim
A wrongful death claim can follow almost any fatal injury caused by negligence or a wrongful act.
- Vehicle collisions. Cars, trucks, motorcycles, bicycles, and pedestrians.
- Medical negligence. Subject to the special rules and damages cap that apply to malpractice cases.
- Workplace and construction incidents. Often alongside workers' compensation death benefits.
- Defective products. Vehicles, equipment, and consumer goods.
- Unsafe property. Including inadequate security where prior crimes were known.
- Dog attacks. Particularly involving children or older adults.
- Criminal acts. A civil claim can proceed regardless of whether there is a criminal case, and it has a lower standard of proof.
What the Law Allows a Family to Recover
California separates a family's losses into two kinds.
Economic losses
- Funeral and burial expenses
- The financial support the person would have provided over their expected lifetime
- The value of household services they performed
- Gifts or benefits the family would have received
Non-economic losses
- Loss of the person's love, companionship, comfort, care, and affection
- Loss of their protection, assistance, and moral support
- For a spouse or partner, loss of the marital relationship
- For children, loss of a parent's training and guidance
California does not allow a wrongful death claim to include damages for the family's own grief, and punitive damages generally are not available in the wrongful death claim itself. A narrow exception applies when the person who caused the death was convicted of a felony homicide. We do not quote case values on this site.
California Rules That Govern Wrongful Death Claims
- Who can file
- Under Code of Civil Procedure section 377.60, the surviving spouse or domestic partner, the children, and, if a child has died, that child's children. If the person left no surviving spouse, domestic partner, or descendants, the claim belongs to those who would inherit under California's intestate succession rules. A putative spouse, the putative spouse's children, stepchildren, and parents may also file if they depended on the person financially. So may a minor who lived in the household for the previous 180 days and depended on the person for at least half of their support.
- One lawsuit
- All family members who are entitled to bring a claim must join in a single action. This avoids a defendant facing separate suits from each relative.
- A survival action is separate
- A wrongful death claim compensates the family for its losses. A survival action, brought by the estate under Code of Civil Procedure section 377.30, recovers losses the person suffered before death, such as medical bills or lost wages between the injury and the death. For cases filed on or after January 1, 2026, the person's own pain and suffering generally cannot be recovered in a survival action. The estate can still recover those economic losses, and in some cases punitive damages.
- Deadline to file
- Two years from the date of death under Code of Civil Procedure section 335.1. If a public agency is responsible, a written government claim is due within six months of the death. If the death resulted from medical negligence, the malpractice deadlines apply. When a public hospital or public employee is involved, both sets of deadlines must be met.
- Medical negligence deaths
- When the death was caused by malpractice, the 90-day notice requirement applies and non-economic damages are capped under the Medical Injury Compensation Reform Act. For 2026 the wrongful death cap is $650,000, rising each year.
- Fault of the person who died
- If the person shared fault for the incident, the family's recovery is reduced by that share under California's comparative negligence rule. It is not eliminated.
- Other benefits
- Life insurance, workers' compensation death benefits, and Social Security survivor benefits are separate from a wrongful death claim. With limited exceptions they do not reduce it.
What Happens After You Call
Five stages, from the first phone call to the day the case closes.
A free consultation
You tell us what happened. We tell you whether you have a case and what we would do first. No charge, no obligation to hire us.
Investigation
We gather the police or incident report, photos, witness statements, medical records, and video. When a case calls for it we bring in accident reconstructionists or treating physicians.
Dealing with the insurance companies
Once you hire us, insurers deal with us instead of you. We handle the calls, the letters, and the requests for recorded statements. You focus on treatment.
Negotiation or a lawsuit
When your treatment has gone far enough to know what your losses are, we send a demand. If the insurer will not pay a fair amount, we file a lawsuit and prepare the case as if it will be tried.
Resolution
Most cases settle. Some go to trial. Either way, we explain every offer to you in plain terms, and the decision to accept or reject it is yours.
Questions People Ask Us
The surviving spouse or domestic partner and the children come first. If there are none, the claim passes to other heirs under the intestate succession rules. Parents, stepchildren, a putative spouse, and the putative spouse's children may also have a claim if they depended on the person financially. So may a minor who lived in the household and depended on the person for at least half of their support. We will tell you where your family stands.
Two years from the date of death for most claims. Six months to file a government claim if a public agency is responsible. A shorter period may apply if the death resulted from medical negligence. There is no deadline for calling us to ask.
The wrongful death claim belongs to the family and covers the family's losses. The survival action belongs to the estate. It covers what the person lost between the injury and death. They are usually filed together.
No. The civil claim is separate and can move forward at the same time. A criminal conviction can help the civil case, but an acquittal does not end it, because the civil standard of proof is lower.
Nothing up front. We work on a contingency fee, which is a percentage of any recovery and is set out in writing before we begin. If there is no recovery, there is no attorney fee. You owe nothing for case costs either.
That is understandable, and you do not have to be. The only reason we mention deadlines is that they exist. When you are ready to ask questions, we will answer them, with no pressure to do anything afterward.
When You Are Ready, We Are Here
There is no deadline for calling us, though there is a deadline for filing. If you would like to understand your family's options, call or send the form. We will listen first.
