Wrongful death claims

A wrongful death claim is a civil claim by close family members when someone is killed by another's negligence or wrongful act. The underlying event — a crash, a fall, a defective product — is proven the same way it would be in an injury case. What is specific to wrongful death is who is allowed to bring the claim, what the claim can recover, and how a single claim is shared among a family.

This is general information, not legal advice, and it does not tell you whether you have a case.

Who can file

California does not let just any grieving relative sue. Code of Civil Procedure § 377.60 sets who has standing, in order:

• First tier: the surviving spouse or registered domestic partner, and the surviving children. If a child has died, that child's children (the decedent's grandchildren) may stand in.
• If there is no one in the first tier: the people who would inherit the decedent's property under the intestate succession rules — typically the parents, and then siblings.
• Also eligible if financially dependent on the decedent: a putative spouse and their children, stepchildren, and the decedent's parents.

The claim is brought as one action. Everyone with standing is generally required to be joined, so that the responsible party faces a single claim rather than several.

Some situations come up often enough to flag. Adult children of a decedent who had no surviving spouse are usually in the first tier and do not need to show financial dependence. A parent or sibling generally has standing only when there is no spouse, partner, or child — or, for a parent, when they can show they were financially dependent on the decedent. A person who lived with the decedent as a spouse in a good-faith but legally invalid marriage may qualify as a putative spouse. Unmarried partners who were not registered domestic partners generally do not have standing, however long the relationship. These lines are worth checking early, because they decide who the claim is even for.

Sources: Code Civ. Proc., § 377.60 (standing to sue for wrongful death).

More: who can file.

The estate, and who gets appointed

The survival action belongs to the estate, so someone has to be authorized to act for it — a personal representative if there is a probate, or a "successor in interest" who signs a statutory declaration if there is not. The wrongful death claim, by contrast, belongs to the heirs directly and does not require a probate. In practice one lawyer usually handles both, and one of the early tasks is sorting out who is appointed for the estate and confirming there is no dispute about it, because that can hold up the survival action.

Shared responsibility among multiple defendants

The underlying liability analysis is the same as any injury case (comparative fault), and the decedent's own share of fault reduces the recovery rather than barring it. What is distinctive in a death case is allocation among defendants. Where more than one party is responsible — two drivers, a driver and a road authority, an employer and an equipment maker — each is responsible for the economic damages in full but only for its own share of the non-economic damages, under California's several-liability rule. Untangling those shares is often the core litigation work in a multi-defendant death case.

Sources: Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (pure comparative fault); Civ. Code, § 1431.2 (Proposition 51 — several liability for non-economic damages); CACI No. 406 (apportionment of responsibility among multiple defendants and non-party tortfeasors); CACI No. 430 (causation: substantial factor) and CACI No. 431 (causation: multiple causes), Judicial Council of California Civil Jury Instructions (2026 edition).

Wrongful death and survival actions

Two distinct claims usually arise from a death and are filed together:

The wrongful death claim

Compensates the surviving family members for their losses caused by the death. In categories, and without figures: the financial support the decedent would have provided, the value of household services they contributed, funeral and burial expenses, and the loss of the decedent's love, companionship, comfort, care, guidance, and, for a spouse, society and intimacy. It does not compensate for the family's grief or sorrow as such, and it does not include the decedent's own pain.

Sources: Code Civ. Proc., § 377.61 (wrongful death damages); CACI No. 3921 (wrongful death — death of an adult).

The survival action

Brought by the decedent's estate — through a personal representative or successor in interest — for the claims the decedent personally had. It covers the losses between the injury and the death: the decedent's medical expenses, their lost earnings for that period, and, where the conduct supports it, punitive damages.

A survival action generally does not recover the decedent's own pre-death pain, suffering, or disfigurement. A temporary provision, Senate Bill 447, allowed those damages for survival actions that were granted trial preference before January 1, 2022, or that were filed between January 1, 2022 and January 1, 2026. That provision sunset on January 1, 2026, so a survival action filed on or after that date is back to the older rule that excludes them.

Sources: Code Civ. Proc., § 377.30 (survival of a cause of action); § 377.34 (damages recoverable in a survival action; the Senate Bill 447 amendment expired January 1, 2026).

More: survival actions.

What the claim can recover

Categories only — California law does not use a formula, and this site does not state amounts:

• Economic: lost financial support the decedent would have contributed over their expected working life and beyond, the replacement value of services they performed at home, funeral and burial costs, and, through the survival action, the decedent's own pre-death economic losses.
• Non-economic: the loss of the decedent's companionship, affection, moral support, training and guidance to children, and household management; for a spouse or partner, the loss of that relationship. These are recognized as real losses even though they have no market price.

Proving the economic side usually involves an economist and a review of the decedent's work history and earnings trajectory. The non-economic side is proven through the people who knew the decedent — what the person did for the family day to day, and what is now absent.

More: damages available.

Multiple family members, one claim

When several people have standing — a spouse and three children, or two parents — they share the single wrongful death action. A few things follow from that:

• Everyone should be represented. An heir left out can create problems for the settlement and may have a claim against the others later.
• The recovery is allocated among the heirs. If they agree, the court approves the split; if they do not, the court decides, based on each person's actual relationship to and dependence on the decedent.
• Conflicts can arise. A current spouse and children from a prior marriage, or estranged relatives, may need separate counsel for the allocation even while the main claim proceeds together.
• A minor's share is handled with court oversight, often placed in a blocked account or structured arrangement until adulthood.

More: multiple family members.

Deadlines

The wrongful death claim generally must be filed within two years of the date of death. Two situations change that. If a government entity may be responsible — a public road, a government vehicle, a public hospital — a written claim must be presented within six months, and after it is rejected there are six months to sue. And when an heir is a minor, the running of the deadline as to that child's share is affected by their age. Because the survival action and the wrongful death claim can have slightly different timing and require someone to be formally appointed for the estate, confirming all of the deadlines early matters.

Sources: Code Civ. Proc., § 335.1; Gov. Code, § 911.2; Gov. Code, § 945.6.

More: time limits · statute of limitations.

Running alongside a criminal case

When the death may also be a crime — a DUI fatality, a hit-and-run, a workplace safety violation — a criminal prosecution and the civil wrongful death claim run on separate tracks with different purposes and different standards of proof. The criminal case seeks to punish; the civil case seeks to compensate the family. A conviction can be used to help establish fault in the civil case. An acquittal does not defeat the civil claim, because the civil standard is lower. The civil case can sometimes be paused while the criminal case is active, and a lawyer coordinates with the prosecutor so the family is kept informed and the civil claim is protected.

What is different about working a wrongful death case

The underlying liability is developed the same way as in any injury case for that kind of event — the crash reconstruction, the FMCSA file, the premises inspection records, whatever the facts require — and the claim then runs on the standard track (the claims process). Two things are distinctive. The economic damages need an economist to project the support and services the decedent would have provided. And because a death claim usually has to be tried credibly to be valued fairly, a firm's ability to take it to a jury matters to the outcome — part of why I bring in a trial lawyer.

More: settlement vs. trial.

What to do after a death you believe was caused by negligence

• Preserve everything: the vehicle, the product, the clothing, documents, and any photos or video from the scene.
• Keep records of medical care and expenses from the injury to the death.
• Get the police or agency report and the case number.
• Identify potential witnesses before they are hard to find.
• Do not sign anything from an insurer, and do not give a recorded statement.
• Talk to a lawyer early about the claim deadline, who needs to be appointed for the estate, and preservation demands.

Common questions

Who can file a wrongful death claim in California?

The law sets a specific order (Code Civ. Proc., § 377.60): first the surviving spouse or domestic partner and the children; if there are none, the people who would inherit by intestate succession, such as parents or siblings. Certain financially dependent people — a putative spouse, stepchildren, parents — may also qualify.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the surviving family for their own losses from the death. A survival action is brought by the estate for the decedent's own losses between the injury and death — medical expenses, lost earnings, and any punitive damages. For a survival action filed on or after January 1, 2026, the decedent's pre-death pain and suffering is no longer recoverable; a temporary provision that allowed it expired that day. The two claims are usually filed together.

How long do we have to bring a wrongful death claim?

Generally two years from the date of death (Code Civ. Proc., § 335.1). If a government entity is involved, a written claim is due within six months (Gov. Code, § 911.2), with six months to sue after it is rejected (Gov. Code, § 945.6). A claim for a minor heir has its own timing rules.

Does a criminal case against the person responsible affect our claim?

They are separate. A criminal case punishes; a wrongful death claim compensates. A criminal conviction can help the civil claim, an acquittal does not defeat it because the standard of proof is lower, and the civil case can proceed on its own timeline.