Bereaved Rights

State wrongful death guide

California Wrongful Death Law Guide

California wrongful death claims must be filed within two years and may be brought by close family or the estate, with damages for companionship, financial support, and household services.

Quick facts for California

  • Who can file: California allows the surviving spouse, domestic partner, children, or issue of deceased children to file. If none exist, other dependent relatives may qualify. The personal representative of the estate may also bring the claim.
  • Deadline to file: Most California wrongful death actions must be filed within two years of the date of death. Special rules apply for government claims and medical malpractice.
  • Key statute: Cal. Civ. Proc. Code § 377.60–377.62

Types of compensation families may pursue

  • Loss of financial support
  • Loss of companionship, love, and guidance
  • Value of household services
  • Funeral expenses
  • Medical bills and pain and suffering under a separate survival action

California caps noneconomic damages in medical malpractice wrongful death cases. No general caps apply to other wrongful death cases.

California wrongful death law: a guide for grieving families

California’s wrongful death law tries to balance financial realities with the emotional and relational impact of losing someone. This guide explains the essentials in compassionate, straightforward language.

1. What counts as wrongful death in California?

A wrongful death occurs when someone’s negligence or wrongful act causes a death.

Typical cases involve:

  • Auto collisions
  • Medical negligence
  • Violence or intentional harm
  • Unsafe premises
  • Defective products

2. Who can file the lawsuit?

Eligible claimants include:

  • Surviving spouse
  • Domestic partner
  • Children
  • Issue of deceased children

If none exist, others (parents, siblings, dependents) may qualify.

The personal representative of the estate may also file.

3. What damages may be recovered?

California allows:

For survivors (wrongful death claim):

  • Loss of financial support
  • Loss of companionship, affection, guidance
  • Value of household services
  • Funeral and burial costs

For the estate (survival action):

  • Medical bills
  • Decedent’s pain and suffering (recently allowed in expanded circumstances)

4. Damage caps

California caps noneconomic damages only in medical malpractice wrongful death cases.

5. Filing deadline

Most claims must be filed:

  • Within two years of death

Government entity claims often require filing a notice within 6 months.

Disclaimer

This is general information only and not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in California? +

Most California wrongful death lawsuits must be filed within two years of the date of death. Claims against government entities require a notice within six months. Medical malpractice wrongful death claims follow special timing rules under California’s MICRA statutes. Because deadlines can be complex, families should speak with an attorney early. This answer is informational only and not legal advice.

What damages are available in a California wrongful death case? +

California allows survivors to recover damages for loss of financial support, loss of companionship, and the value of household services. Funeral expenses may also be claimed. A companion survival action can recover medical bills and the decedent’s pain and suffering in certain situations. California caps noneconomic damages only in medical malpractice wrongful death cases. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in California? +

California allows several groups to bring a wrongful death action, starting with the surviving spouse, domestic partner, children, or grandchildren. If none of these relatives survive, other dependents—such as parents or stepchildren—may qualify. The personal representative of the estate may also file the lawsuit on behalf of all eligible heirs. This answer is informational only and not legal advice.