California Wrongful Death Claims: Who Can File, Deadlines, and Damages
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
California Wrongful Death Claims: Who Can File, Deadlines, and Damages
A wrongful death claim lets a deceased person's close family members recover compensation when another party's negligence or wrongful act caused the death. In California, the claim is governed by Code of Civil Procedure section 377.60, which defines exactly who is eligible to file and in what order. This guide explains who can bring a claim, the deadline to file, what damages are available, and how the process works. It is general legal information; for advice about a specific situation, speak with a wrongful death attorney.
A wrongful death claim is a civil lawsuit brought by a deceased person's eligible survivors when someone else's negligence or wrongful act caused the death. It is separate from any criminal case and is governed by California Code of Civil Procedure section 377.60. Its purpose is to compensate the survivors for their loss.
Because it is a civil claim, it is decided on a "preponderance of the evidence" standard rather than the higher "beyond a reasonable doubt" standard used in criminal court. That is why a defendant can be found liable for a wrongful death even if they were never charged with or convicted of a crime for the same event. Common causes of wrongful death claims include car and truck accidents, defective products, dangerous property conditions, and other acts of negligence.
Who can file a wrongful death claim in California?
California law lists who can file in a specific order of priority. The surviving spouse or registered domestic partner and the deceased person's children come first. If there are none, the right passes to whoever would inherit under California's intestate succession law, typically the parents, and then siblings.
The tiers under section 377.60 are sequential, not optional. If a first-tier survivor exists, such as a spouse or child, the people in the next tier generally cannot bring the claim. The eligible parties are:
The surviving spouse or registered domestic partner
The deceased person's children, and the children of any child who has already died (grandchildren)
If none of the above exist, anyone who would inherit under California intestate succession, usually the parents, then siblings
Certain financial dependents, including a putative spouse, dependent stepchildren, dependent parents, and a minor who lived in the household for at least 180 days and received at least half of their support from the deceased
California also follows a "one action" rule: only one wrongful death lawsuit can be filed per death, and all eligible heirs must join that single action. The total recovery is then divided among them based on each person's individual loss.
What is the statute of limitations for a wrongful death claim in California?
In California, a wrongful death lawsuit must generally be filed within two years of the date of death, under Code of Civil Procedure section 335.1. Missing this deadline usually means the court will dismiss the case permanently, no matter how strong it is.
Two important exceptions shorten or shift that deadline:
Government entities: if a public entity or employee caused the death (for example, a city vehicle or a dangerous public road), a formal claim must usually be filed within six months of the death.
Minors: a minor filing for the death of a parent generally has until two years after turning 18.
Because these deadlines are strict and start running at the date of death, it is wise to confirm the applicable time limit early.
What damages can be recovered in a wrongful death claim?
California wrongful death damages compensate the surviving family for both financial and personal losses. They include economic losses such as the financial support the deceased would have provided, funeral and burial costs, and the value of household services, and non-economic losses such as the loss of the deceased person's love, companionship, comfort, and guidance.
Two features of California law are worth understanding:
No cap on damages. In an ordinary wrongful death case, California does not limit the amount of these damages. (The state's cap on non-economic damages applies only to medical malpractice cases.)
What is not included. California wrongful death damages do not include the survivors' own grief and emotional anguish as a separate category, and they do not include punitive damages.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the survivors for their own losses. A survival action, brought under Code of Civil Procedure section 377.30, is different: it is the claim the deceased person could have brought had they lived, continued by their estate, and it recovers losses the person suffered between the injury and death.
The practical difference matters. A survival action can recover the deceased's pre-death medical bills, lost earnings, and, unlike a wrongful death claim, punitive damages where the conduct was egregious. The two claims are often filed together after a death, one for the family's loss and one for the estate's.
How do you prove a wrongful death claim?
To succeed, the survivors must prove the same four elements as any negligence case: that the defendant owed the deceased a duty of care, breached that duty, and thereby caused the death, and that the survivors suffered damages as a result. California's pure comparative negligence rule applies, so any fault of the deceased reduces but does not necessarily bar recovery.
Evidence in these cases often includes the police or incident report, medical and autopsy records, witness statements, and expert testimony from accident reconstruction, medical, or economic specialists. An economist may be used to calculate the financial support the deceased would have provided over their expected lifetime.
How do you choose a wrongful death attorney in California?
Look for an attorney who handles wrongful death and serious injury cases, works on a contingency fee basis (no fee unless they recover for you), and can explain the eligibility rules and deadlines clearly for your specific situation. Because only one action can be filed per death, coordinating all eligible heirs early is important, and an experienced attorney manages that.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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