When someone dies because of another person’s or company’s carelessness, California law gives the family a civil claim. It cannot undo the loss. It can provide financial stability and a measure of accountability. This guide explains the basics in plain terms.
What counts as wrongful death
A wrongful death is one caused by a wrongful act or negligence: a driver who ran a red light, a trucking company that ignored safety rules, a property owner who left a known hazard in place. The claim is civil. It is separate from any criminal case and does not depend on charges being filed.
Who can file
California law gives the right to file to:
- the surviving spouse or registered domestic partner
- the person’s children, and the children of a child who has died
- if none of those survive, the people who would inherit under intestate succession, such as parents or siblings
- certain financial dependents, which can include a putative spouse, stepchildren and parents
Everyone entitled to recover is generally expected to join in a single lawsuit, so it helps to identify all eligible family members early.
What damages a family may seek
Economic losses
The financial support the person would have provided, the value of household services such as childcare, and funeral and burial expenses.
Non-economic losses
The loss of the person’s love, companionship, comfort, care, guidance and moral support. These are harder to put a number on, and they are often the heart of the claim.
How a survival action is different
A wrongful death claim compensates the family. A survival action is the claim the person could have brought if they had lived, pursued on behalf of their estate. It can cover medical bills and lost income between the injury and death, and sometimes punitive damages. The two are often filed together. The rules for survival actions have changed in recent years, so ask an attorney what applies.
Deadlines
A wrongful death lawsuit generally must be filed within two years of the date of death. If a public entity may be responsible, a written claim is usually due within six months. Deaths involving medical negligence have their own, often shorter, deadlines.
How a claim proceeds
Most claims begin with an investigation and a demand to the responsible party’s insurer. Many resolve through negotiation. If a fair resolution is not offered, a lawsuit is filed and the case moves toward trial. A family does not pay attorney’s fees up front in a contingency arrangement.
Our California wrongful death lawyer page has more detail. David Kashani came to this work after losing someone close to him, and he handles these cases with that in mind. When you are ready, reach out.
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This article is general information about California law as of its publication date. It is not legal advice and does not create an attorney-client relationship. Laws change, and how they apply depends on your facts. Consult an attorney about your situation.
