Who can bring a California wrongful death claim
Under Code of Civil Procedure §377.60, the right to sue belongs to: the decedent's surviving spouse or domestic partner, the decedent's children (and the children of any deceased children), and any other person who would be entitled to the property of the decedent by intestate succession. Where there is no surviving spouse or children, parents may have standing, and in some circumstances stepchildren or putative spouses can recover.
What damages are recoverable
Two categories of damages: economic (the decedent's lost financial support to the family, lost household services, funeral and burial expenses) and non-economic (loss of love, companionship, comfort, care, and moral support — sometimes called "loss of consortium" damages). California does not cap general damages in wrongful death cases (with limited exceptions in medical malpractice). Punitive damages are not generally available in wrongful death but may be available through a separate survival action.
Survival action — separate from wrongful death
The estate of the deceased can also bring a "survival action" under Code of Civil Procedure §377.30 for the pain, suffering, and economic losses the decedent themselves experienced before death. Recent amendments to California law (SB 447) now allow recovery for the decedent's own pain and suffering in some circumstances, which previously was not available.
Statute of limitations
The deadline to file a California wrongful death lawsuit is generally two years from the date of death. Claims against a government entity require a Government Tort Claim within six months. Medical malpractice has its own one-year-from-discovery rule. We track every applicable deadline.
Free case review
We approach every wrongful death case with the care and discretion the family deserves. Call (213) 380-9310 for a private, no-obligation consultation.