Wrongful Death
Wrongful Death Claims in California: What Grieving Families Need to Know
Quick Answer: In California, a spouse, domestic partner, children, or other financial dependents can file a wrongful death claim within two years of the death. Recoverable damages include lost financial support, loss of companionship, and funeral costs; a separate 'survival action' can recover the victim's own pre-death losses.
CDC injury data (WISQARS) shows unintentional injury is the leading cause of death for Americans aged 1–44, claiming more than 220,000 lives nationally each year — the majority from motor-vehicle crashes, falls, and other preventable events.
What Is a Wrongful Death Claim?
California Code of Civil Procedure § 377.60 allows certain family members to sue for damages when a person is killed as a result of another's negligence, recklessness, or intentional act.
Who Can File?
The deceased's surviving spouse or domestic partner, children, grandchildren (if the deceased's children have also died), and any minor who lived with the deceased for at least 180 days and was financially dependent on the deceased.
What Damages Can Be Recovered?
Financial support the deceased would have provided, loss of household services, funeral and burial expenses, loss of love and companionship, and loss of training and guidance for minor children.
The Statute of Limitations
You have two years from the date of death to file a wrongful death lawsuit. If a government entity is involved, you must file a government tort claim within six months.
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