In California, a wrongful death claim allows certain family members to recover compensation when a person’s death is caused by someone else’s negligence or wrongful act. Who can file is defined by Code of Civil Procedure § 377.60; the deadline is generally two years from the date of death, and compensation covers both the financial losses and the loss of the relationship itself.
If you are reading this after losing someone, the legal questions are probably not the first thing you want to think about. This article is meant to give you clear answers — who has the right to bring a claim, how much time you have, and what the law does and does not compensate — so you can make decisions on your own timeline, with accurate information.
Attorney Anthony J. Nuñes handles wrongful death and personal injury cases from offices in La Mirada and Santa Ana. This article provides general information about California wrongful death law. It is not legal advice — every case involves specific facts that require individual evaluation.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought by a deceased person’s surviving family members against the person or entity whose negligence or wrongful act caused the death. The claim is governed by California Code of Civil Procedure § 377.60, which defines who may file, and § 377.61, which defines what damages may be recovered.
A wrongful death occurs, in legal terms, when a death is caused by another party’s negligence or intentional act. To prove negligence, the family must show that the defendant owed the decedent a duty of care, that the defendant’s breach of that duty caused the death, and that the death produced the losses the family is claiming. California law recognizes wrongful death actions arising from both careless conduct and deliberate acts.
A wrongful death claim is separate from any criminal case. A criminal prosecution is brought by the state and can result in punishment; a wrongful death suit is brought by the family and results in compensation. The two proceed independently — a wrongful death claim can even arise from the same act as a homicide prosecution, and a family can succeed in the civil case regardless of the criminal outcome, because the standard of proof is higher in a homicide case (beyond a reasonable doubt) than in a wrongful death action (preponderance of the evidence).
Many wrongful death claims in California arise from fatal accidents — car accidents, motorcycle and truck collisions, pedestrian accidents — as well as dangerous property conditions and medical negligence. If a loved one’s death resulted from an automobile accident, the same negligence principles that govern injury claims apply — our guide on what to do after a car accident in Orange County explains how fault is established in California.
Who Can File a Wrongful Death Lawsuit in California?
California law strictly limits who has “standing” to bring a wrongful death claim. Under CCP § 377.60, the right to file is governed by a hierarchy.
First in line are the decedent’s surviving spouse, registered domestic partner, the decedent’s children, and the children of any deceased child (the decedent’s grandchildren through that child). If none of those survivors exist, the right passes to those who would inherit the decedent’s property under California’s intestate succession laws — typically the decedent’s parents and then siblings.
The statute also allows the decedent’s personal representative — the person appointed to administer the estate — to file the wrongful death action on behalf of all the legal heirs. This can simplify matters for families with several eligible survivors, as one representative can bring the claim for everyone entitled to recover.
The statute also gives standing to certain people who were financially dependent on the decedent, whether or not they qualify under the first tier: a putative spouse (someone who believed in good faith that a marriage to the decedent was valid), the putative spouse’s children, stepchildren, and dependent parents. In addition, a minor who lived in the decedent’s household for at least 180 days before the death and depended on the decedent for at least half of their financial support may bring a claim.
Just as important is who cannot file. California does not recognize common-law marriage, so an unmarried partner generally has no standing unless they qualify as a putative spouse or financial dependent. Friends, roommates, in-laws, and more distant relatives do not have a claim, regardless of how close the relationship was.
One procedural rule matters for families with multiple eligible heirs: California follows a “one action” rule. All heirs must join in a single wrongful death lawsuit rather than filing separately, and the recovery is then divided among them by agreement or by the court. Heirs who file are required to include all known heirs in the action — which is one reason it helps to identify everyone with potential standing early.
What Is the Deadline to File a Wrongful Death Claim?
The general statute of limitations for a California wrongful death claim is two years from the date of death, under Code of Civil Procedure § 335.1. If the claim is not filed within that period, it is permanently barred — no matter how strong the underlying case was.
There is one exception every family should know about, because it is dramatically shorter. If the claim is against a government entity — for example, a collision involving a city or county vehicle, a death caused by a dangerous condition on public property, or negligence by a public employee — California’s Government Claims Act requires a written administrative claim to be filed with the entity within six months of the death, under Government Code § 911.2. Missing the six-month deadline can end the claim before a lawsuit is ever filed. Because it is not always clear at the outset whether a public entity is involved, early legal review helps protect deadlines you may not yet know you have.
Deaths caused by medical negligence follow their own timing rules under CCP § 340.5, which are shorter and more technical than the general two-year period. And while the deadline can be paused (“tolled”) in limited situations — such as claims brought on behalf of minor children — tolling does not apply to the six-month government claim requirement.
What Compensation Can a Family Recover?
California wrongful death damages, defined by CCP § 377.61, fall into two categories.
Economic damages compensate for measurable financial losses: reasonable funeral costs and burial expenses, the lost wages and financial support the decedent would have contributed to the family over their expected lifetime — calculated at present cash value — and the value of household services the decedent provided. Surviving children, a spouse, and other legal heirs each seek compensation for their own share of these losses.
Non-economic damages compensate for the loss of the relationship itself: the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, moral support, and — for a surviving spouse — the loss of consortium. There is no fixed formula for these damages; they depend on the closeness of the family relationships and the decedent’s role in the survivors’ lives.
One distinction in California law is worth understanding, because it shapes how these cases are presented: wrongful death damages compensate survivors for what they lost — the relationship, the support, the companionship — rather than for their grief, sorrow, or emotional distress as such. The law measures the value of what the person brought to your life, not the pain of mourning them. It is a legal distinction, not a human one, but it matters in how a claim is built and proven.
Two other principles affect recovery. California follows pure comparative negligence, so if the decedent was partially at fault for the incident, the family’s recovery is reduced by that percentage of fault. And in ordinary negligence cases, there is no cap on wrongful death damages — statutory caps apply only in medical malpractice cases under California’s MICRA framework.
Wrongful Death Claim vs. Survival Action — What Is the Difference?
California allows two related but distinct claims after a death, and families often benefit from bringing both.
A wrongful death claim under CCP § 377.60 belongs to the surviving heirs. It compensates the heirs for their own losses — the financial support and the relationship they lost.
A survival action under CCP § 377.30 belongs to the deceased person’s estate. It continues the legal claims the decedent would have had if they had survived, and it recovers losses the decedent personally suffered between the injury and their own death — such as medical bills incurred during that period and lost earnings. Punitive damages, which are generally unavailable in a wrongful death claim, may be recovered in a survival action when the defendant’s conduct involved malice, oppression, or fraud. The claim is brought by the decedent’s personal representative on the estate’s behalf.
The two claims are typically filed together in the same lawsuit. Pursuing both, where the facts support it, is usually how a family recovers the full measure of what the law allows.
How the Law Office of Anthony J. Nuñes Approaches Wrongful Death Cases
A wrongful death case asks a family to handle legal and financial questions at the worst possible time. The role of the attorney is to take that weight on so the family doesn’t carry it.
That work includes identifying everyone who has standing under CCP § 377.60 and coordinating the heirs under the one-action rule; preserving evidence from the scene, vehicles, or property before it disappears; handling all communications with insurance companies; protecting the two-year deadline — and the six-month government deadline where it applies; and working with financial experts to document both the economic losses and the value of the relationships the family lost.
Attorney Anthony J. Nuñes has practiced law in California for 26 years and handles wrongful death and personal injury cases from offices in La Mirada and Santa Ana.
Frequently Asked Questions
Who can file a wrongful death claim in California?
Under Code of Civil Procedure § 377.60, the decedent’s surviving spouse, domestic partner, children, and children of deceased children may file. If none exist, the right passes to heirs under intestate succession, typically parents and then siblings. The decedent’s personal representative may also file on behalf of all the heirs. Financially dependent putative spouses, stepchildren, dependent parents, and certain minors in the decedent’s household may also qualify.
How long do I have to file a wrongful death lawsuit in California?
Generally two years from the date of death. However, if the claim is against a government entity — such as a city, county, or public agency — a written administrative claim must be filed within six months under the Government Claims Act. Medical malpractice deaths follow separate, shorter timing rules.
What damages can be recovered in a California wrongful death case?
Families can recover economic damages — funeral and burial expenses, lost financial support, and the value of household services — and non-economic damages for the loss of the decedent’s love, companionship, comfort, care, guidance, and moral support. California law compensates the loss of the relationship rather than the survivors’ grief itself, and there is no damages cap in ordinary negligence cases.
Can unmarried partners file a wrongful death claim in California?
Generally no. California does not recognize common-law marriage, so an unmarried partner has no standing unless they qualify as a putative spouse — someone who believed in good faith that a valid marriage existed — or as a registered domestic partner or financial dependent under the statute.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim belongs to the surviving heirs and compensates their own losses from the death. A survival action belongs to the decedent’s estate and recovers losses the decedent personally suffered before death, such as medical expenses and lost earnings. Punitive damages are generally available only through a survival action. The two claims are usually filed together.
Do I need a criminal conviction to file a wrongful death claim?
No. A wrongful death claim is a civil case, entirely independent of any criminal proceeding. A family can bring and win a wrongful death claim even if no criminal charges are ever filed, because civil cases use a lower burden of proof — preponderance of the evidence rather than beyond a reasonable doubt.
Talk to an Orange County Wrongful Death Lawyer — Free Consultation
If you lost a family member because of someone else’s negligence in Orange County, you don’t have to sort out the legal questions while you’re grieving — and you don’t have to decide anything today. An initial conversation can clarify who in your family has a claim, what deadlines apply, and what the path forward looks like, with no obligation.
Contact the Law Office of Anthony J. Nuñes at (714) 404-3131 to schedule a free consultation. Attorney Nuñes handles wrongful death and personal injury cases from offices in La Mirada and Santa Ana, serving families throughout Orange County.
This article provides general information about wrongful death claims under California law. It is not legal advice. Every case involves unique facts, deadlines, and family circumstances that require individual evaluation by a qualified attorney.