California Wrongful Death Claims: Understanding Damages and Who Can Sue

When a person dies due to another's negligence or wrongful act, California law provides legal recourse for surviving family members through wrongful death claims. Understanding these laws is crucial for protecting your family's financial future during an already difficult time.

Who Can File a Wrongful Death Lawsuit in California

Statutory Beneficiaries

California Code of Civil Procedure Section 377.60 specifies who can bring wrongful death claims:

First Priority:

• Surviving spouse or domestic partner
• Children of the deceased
• If no spouse or children, then the deceased's parents

Second Priority:

• If no first-priority survivors exist, other dependents who can prove financial dependency may file claims

Personal Representative Claims

The deceased person's estate representative can also file a separate survival action for damages the deceased could have recovered if they had lived, including pain and suffering before death.

Types of Damages Available in California

Economic Damages

California allows recovery for quantifiable financial losses:

• Loss of financial support the deceased would have provided
• Loss of gifts and benefits family members would have received
• Funeral and burial expenses
• Medical expenses related to the deceased's final injury or illness
• Value of household services the deceased provided

Non-Economic Damages

California recognizes the emotional and relational losses survivors experience:

• Loss of love, companionship, comfort, care, and protection
• Loss of moral support and guidance
• Loss of consortium for surviving spouses

Unlike some states, California does not cap non-economic damages in wrongful death cases, though punitive damages are generally not available.

Calculating Future Financial Support

Factors Courts Consider

California courts examine multiple factors when determining lost financial support:

• The deceased's age, health, and life expectancy
• Earning capacity and career trajectory
• Work history and skills
• Education and training
• Family financial arrangements and contributions

Present Value Calculations

Future losses are reduced to present value using appropriate discount rates, accounting for inflation and investment returns. Expert economists often testify about these calculations in complex cases.

Common Causes of Wrongful Death in California

Motor Vehicle Accidents

Car, truck, motorcycle, and pedestrian accidents represent the largest category of wrongful death cases. California's heavy traffic and complex roadway systems contribute to numerous fatal accidents annually.

Medical Malpractice

Hospital errors, misdiagnoses, surgical mistakes, and medication errors can lead to preventable deaths. California's Medical Injury Compensation Reform Act (MICRA) previously capped non-economic damages in medical malpractice cases, but recent changes have increased these limits.

Workplace Accidents

Construction sites, manufacturing facilities, and other dangerous work environments can result in fatal accidents due to safety violations or inadequate protective measures.

Product Defects

Defective products, from vehicles to medical devices to household items, can cause fatal injuries when manufacturers fail to ensure safety.

Premises Liability

Property owners' negligence in maintaining safe conditions can lead to fatal accidents, from slip and falls to building collapses.

California's Statute of Limitations

Two-Year Rule

Generally, wrongful death claims must be filed within two years of the death date. However, this deadline can vary in specific circumstances:

• Medical malpractice cases may have different discovery rules
• Claims against government entities often have shorter deadlines
• Cases involving toxic exposure may have extended limitation periods

Discovery Rule Exceptions

In cases where the cause of death isn't immediately apparent, the statute of limitations may begin when the wrongful cause is discovered or should have been discovered with reasonable diligence.

Special Considerations for Different Types of Cases

Survival Actions vs. Wrongful Death

California allows both wrongful death claims (for survivors' losses) and survival actions (for the deceased's pre-death damages). These are separate legal actions with different purposes and beneficiaries.

Criminal Cases and Civil Claims

If criminal charges result from the death, civil wrongful death claims can proceed simultaneously. Criminal convictions can strengthen civil cases, but civil claims can succeed even if criminal cases fail.

Insurance Complications

Multiple insurance policies may apply, including auto insurance, homeowners' policies, professional liability coverage, and workers' compensation. Coordinating these claims requires careful legal strategy.

Challenges in Wrongful Death Cases

Proving Liability

Establishing that another party's negligence or wrongful act caused the death requires thorough investigation and expert testimony. Complex cases may involve accident reconstruction, medical experts, and industry specialists.

Defending Against Contributory Negligence

California's comparative fault laws mean compensation can be reduced if the deceased was partially responsible for the accident. Defending against these claims protects your family's financial recovery.

Dealing with Multiple Defendants

Many wrongful death cases involve multiple potentially liable parties. Determining each party's responsibility affects settlement negotiations and trial strategy.

The Litigation Process

Investigation and Filing

Proper case preparation requires extensive investigation, medical record review, expert consultation, and evidence gathering before filing the lawsuit.

Discovery and Depositions

The formal discovery process allows both sides to gather information through document requests, depositions, and expert examinations.

Settlement Negotiations

Many wrongful death cases settle before trial, but achieving fair settlements requires understanding the full value of your losses and having strong evidence of liability.

Frequently Asked Questions

Who can file a wrongful death lawsuit in California?

Surviving spouses, domestic partners, children, and parents can file wrongful death claims. If none exist, other dependents who can prove financial dependency may file. The estate can also file a separate survival action.

What damages can be recovered in a California wrongful death case?

Damages include lost financial support, funeral expenses, medical bills, and non-economic losses like loss of companionship and guidance. California does not cap these damages in most wrongful death cases.

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

Generally two years from the date of death, though this can vary for medical malpractice, government claims, or cases where the cause of death isn't immediately apparent.

Can I file both a wrongful death claim and a survival action?

Yes, these are separate legal actions. Wrongful death claims compensate survivors for their losses, while survival actions recover damages the deceased could have claimed if they had lived.

What if the deceased was partially at fault for the accident?

California's comparative negligence laws may reduce compensation based on the deceased's percentage of fault, but this doesn't prevent recovery if other parties were also negligent.