When someone’s carelessness takes the life of a person you love, no legal action can undo that loss. Still, the law gives families a way to seek accountability and financial security for the future. This guide explains how wrongful death claims in California work, how they differ from a survival action, and what your family can expect as a case moves forward.
What Counts as a Wrongful Death in California?
A wrongful death occurs when a person dies because of another party’s negligent, reckless, or intentional conduct. The same act that would have supported a personal injury claim, had the person survived, can support a wrongful death claim.
Common causes include:
- Car and truck crashes.
- Pedestrian and motorcycle collisions.
- Drunk driving crashes.
- Drownings and unsafe property conditions.
- Defective products.
- Workplace incidents involving a third party.
In each situation, the central question is whether someone failed to act with reasonable care and caused a preventable death.
Two Types of Claims: Wrongful Death and Survival Actions
California law recognizes two related but separate claims after a fatal injury. Understanding the difference helps families see the full picture.
A wrongful death claim compensates surviving family members for their own losses. Code of Civil Procedure section 377.60 lists the family members who may bring it, and section 377.61 allows damages that are “just” under all the circumstances.
A survival action belongs to the person who died. Under section 377.30, the estate’s personal representative, or a successor in interest, pursues the claim the decedent could have brought before death. Families may join both claims in one lawsuit when they arise from the same wrongful act.
Damages in Wrongful Death Claims in California
In a wrongful death claim, family members may seek compensation for losses such as:
- Funeral and burial expenses.
- The financial support the loved one would have provided.
- The value of household services, such as childcare and home maintenance.
- Loss of love, companionship, comfort, care, and guidance.
A survival action, by contrast, focuses on losses the decedent suffered before death. These may include medical bills, lost earnings between the injury and death, and, in some cases, punitive damages.
Survival claims have one notable limit. Section 377.34 generally bars recovery for the decedent’s pain and suffering. For cases filed from January 1, 2022, through December 31, 2025, the statute created a temporary exception. Because this area of law has changed recently, an attorney should review which rules apply to your family’s case.
Who Files, and How Families Share a Recovery
California generally allows one wrongful death lawsuit for all eligible heirs, rather than separate suits by each family member. As a result, heirs typically join together in a single case. If they cannot agree on how to divide a recovery, the court can decide.
Eligible family members usually include a surviving spouse or registered domestic partner and children. In some situations, parents, stepchildren, and other dependents may also qualify. For a closer look, read our article on who can file a wrongful death claim.
Proving a Wrongful Death Claim
To succeed, your family generally must show that:
- The defendant owed your loved one a duty of care.
- The defendant breached that duty through careless or wrongful conduct.
- That conduct caused your loved one’s death.
- Your family suffered losses as a result.
Evidence may include police and coroner reports, witness statements, video footage, medical records, and expert testimony. Your attorney may also work with economists to calculate the lifetime value of lost financial support.
How Comparative Fault Affects Recovery
Defendants sometimes argue that the person who died shared responsibility. California follows a comparative fault system. If a court finds your loved one partly at fault, the recovery decreases by that percentage, but the family can still recover the remainder.
Deadlines for Wrongful Death Claims in California
Time limits apply to every case. Families generally have two years from the date of death to file a lawsuit under Code of Civil Procedure section 335.1. When a city, county, or state agency may share responsibility, families typically must file a formal claim within six months. Other deadlines may apply in medical malpractice cases.
Missing a deadline can end a family’s right to recover. For that reason, we encourage families to speak with an attorney as soon as they feel ready.
What to Expect as a Case Moves Forward
Most wrongful death cases follow a similar path. First, your legal team investigates and gathers evidence. Next, your attorney presents a demand to the insurance company and negotiates. Many cases resolve through settlement, although some proceed to a lawsuit and trial. Throughout the process, a compassionate attorney keeps your family informed and handles communication with insurers.
Our guide to emotional distress claims explains how the law treats losses that no receipt can measure.
Common Questions About Wrongful Death Claims in California
Does the family need a criminal conviction first? No. A civil claim runs separately from any criminal case, and families can pursue compensation whether or not prosecutors file charges.
How long does a case take? Every case differs. Some families reach a settlement within months, while cases that go to trial can take longer. Your attorney can give you a realistic estimate after reviewing the facts.
What does it cost to hire a lawyer? Many wrongful death attorneys, including our firm, work on a contingency basis. That means you pay no attorney fees unless your family recovers compensation.
Speak With Our Team About Wrongful Death Claims in California
Your family deserves answers, accountability, and an advocate who treats you with care. At Colvin Accident Lawyers, we listen first and explain every option in plain language. Learn more about our Bakersfield wrongful death attorney services, or read what our clients say.
Call (661) 616-1177 or contact us online for a confidential consultation. We answer the phone 24/7.
