Wrongful Death Lawsuit Grounds in California

What are the typical grounds for a wrongful death lawsuit? In California, the basic ground is a death caused by another person’s or business’s wrongful act or negligence. The claim is brought by certain family members and heirs. They must show that the other side owed a duty, broke it, and caused a death that led to real losses. This guide explains each point in plain words.

What Makes a Death a Basis for a Wrongful Death Lawsuit?

A wrongful death claim generally starts with a death caused by someone else’s wrongful act or neglect. California sets out this rule in Code of Civil Procedure § 377.60.

The claim may be asserted by certain listed survivors and heirs, or by the decedent’s personal representative on their behalf, under Code of Civil Procedure § 377.60; it is not asserted by the person who died. It is separate from a survival claim, which covers losses the person suffered before death. Under Code of Civil Procedure § 377.20, a cause of action is not lost because of death. It survives, subject to the applicable time limit.

The grounds are usually the same ones that would have supported an injury claim if the person had lived. A crash, a dangerous property condition, or a dog attack can each be a starting point. Families often feel the loss before they understand the legal question. That is normal. For a broader overview, see our wrongful death lawyer overview.

What Are the Four Elements a Court Looks At?

How strong that evidence is varies from case to case.

See the California Courts Self Help Guide on personal injury cases.

Duty of care. The other side owed a legal duty to the person who died. Under Civil Code § 1714, everyone must use ordinary care in managing their property or person. Cal. Civ. Code § 1714 reads: “(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

Breach of duty. The other side failed to act with reasonable care. This can be an action, like speeding. It can also be an omission, like leaving a broken stair unrepaired.

Pedestrian cases follow a specific rule. Vehicle Code § 21950 says a driver must yield to a pedestrian crossing within a marked crosswalk, or an unmarked crosswalk at an intersection. The same section says a pedestrian must still use due care.

Causation. The breach must be a cause of the death. Coroner and medical examiner findings, police reports, and accident reconstruction often carry this proof. Causation is usually where the evidence matters most.

Damages. The death must have caused losses. Under Civil Code § 3333, for the breach of an obligation not arising from contract, damages compensate for “all the detriment proximately caused” by the wrongful act.

Which Accidents Lead to Wrongful Death Claims?

Fatal car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, and property incidents are common grounds. Each type has its own facts. Colvin Accident Lawyers handles each of these types of matters.

• Car accidents. Fatal crashes caused by distracted, impaired, or speeding drivers.
• Truck and bus accidents. Commercial vehicles raise extra questions. Under 49 C.F.R. § 395.8, except for a private motor carrier of passengers (nonbusiness), a motor carrier subject to the requirements of that part must require each driver it uses to record the driver’s duty status for each 24-hour period.
• Motorcycle and bicycle accidents. Riders are often struck by drivers who fail to see them or fail to yield.
• Pedestrian accidents. Deaths in crosswalks or along roadways, often involving a failure to yield.
• Premises liability. Deaths from dangerous conditions on property, such as unsafe stairs or weak security.
• Dog bites. Under Civil Code § 3342, a dog owner is liable for a bite in a public place or lawfully on private property. The owner’s liability does not depend on the dog’s past viciousness or the owner’s knowledge of it.

Readers in Kern County can learn more on our Kern County wrongful death page.

Who Can Bring a Wrongful Death Claim in California?

Surviving spouses, domestic partners, children, and issue of deceased children can bring the claim. If there is no surviving issue, persons entitled to the decedent’s property by intestate succession can bring it. Certain dependent persons, including a putative spouse, stepchildren, parents, guardians, and a minor who lived in the decedent’s household for the previous 180 days and depended on the decedent for half or more of their support, can also bring the claim. Code of Civil Procedure § 377.60 lists who may sue.

Under subdivision (a), the surviving spouse, domestic partner, children, and issue of deceased children may sue. If there is no surviving issue, the persons who would inherit the decedent’s property under intestate succession (the state’s rules for property when there is no will) may sue.

Under subdivision (b), a person who depended on the decedent may sue, even if not listed in subdivision (a). This includes a putative spouse (a spouse of a void or voidable marriage who believed in good faith the marriage was valid), stepchildren, parents, or legal guardians when the parents have died.

Under subdivision (c), a minor may sue. The minor must have lived in the decedent’s household for the previous 180 days and depended on the decedent for one-half or more of support.

The court decides how an award is shared. Code of Civil Procedure § 377.61 says the court determines the respective rights in an award among the persons entitled to sue.

Why Are Wrongful Death Claims Sometimes Dismissed or Weakened?

Missed deadlines, weak proof of duty or causation, and shared fault are the common problems. Knowing the typical grounds for a wrongful death lawsuit also means knowing what can weaken one.

Missed deadlines. Code of Civil Procedure § 335.1 sets a two-year limit for an action for the death of an individual caused by another’s wrongful act or neglect.

When a public agency is involved, a written government claim usually comes first.

Lack of a legal duty. A defendant may argue it owed no legal duty in the situation. Whether a duty existed depends on the facts.

Weak causation proof. If the link between the conduct and the death cannot be shown, the claim is harder to prove.

No lawyer can ensure a result in any of these areas.

What Damages Can a Wrongful Death Claim Include?

Heirs can seek economic losses and non-economic losses, as California law defines them. Civil Code § 1431.2 sets out both categories.

Economic losses are “objectively verifiable monetary losses.” These include medical expenses, loss of earnings, and burial costs. Non-economic losses are subjective. They include loss of society and companionship and loss of consortium.

Two limits matter. Under § 1431.2(a), in cases based on comparative fault, each defendant is liable for non-economic damages only in proportion to its own share of fault. Under Code of Civil Procedure § 377.34, the decedent’s own survival damages generally do not include pain, suffering, or disfigurement, subject to exceptions in subdivision (b). Under § 377.34, the decedent’s survival damages are limited to the loss or damage that the decedent sustained or incurred before death.

This page does not estimate what any family’s claim is worth. Any figure a reader sees online is tied to its own facts and law.

What Should Families Keep After a Death Caused by Someone Else?

Keep the evidence. Records that show how the death happened and what it caused are the core of proving these grounds. Keep:

• Police and accident reports, photos, and video
• Coroner, medical examiner, and hospital records
• Insurance letters and written messages with anyone involved
• Receipts for funeral, burial, and medical costs, which fall under the economic-loss category
• Records of the person’s income and the support they gave the household

Mind the time limits. The two-year rule and the six-month government claim rule can run before a family feels ready to act. Write down key dates as soon as you can.

Talk With Colvin Accident Lawyers About Your Family’s Situation

If your family is asking whether a death may give rise to a claim, you don’t have to sort out the law alone. Colvin Accident Lawyers offers a free, confidential first consultation with no obligation to continue. You can contact Colvin Accident Lawyers to start that conversation.

What are the typical grounds for a wrongful death lawsuit?

Colvin Accident Lawyers, Bakersfield, California, responsible for this site. Responsible lawyer: Donald Norman Colvin.