Losing a loved one is a devastating, painful experience. If the death was avoidable and happened because of someone else’s negligence, it can add confusing legal layers for the family. Many people are unsure whether a wrongful death lawsuit is a civil matter, a criminal matter, or both.
In California, wrongful death is a civil matter. Although criminal charges may arise from the same death, they are handled entirely separately. This article explains the difference between civil and criminal cases, who can file a claim, what compensation may be available, and why legal guidance can matter when criminal charges are involved.
What Is Wrongful Death?
A wrongful death is when a person died because of another party’s wrongful or negligent act. In California, many avoidable deaths arise from car accidents, medical malpractice, defective products, premises liability, or intentional harm.
The wrongful death lawsuit itself is a civil cause of action created by law under California Code of Civil Procedure section 377.60, not common law. Only the people specifically listed in that statute may lay a claim.
Is Wrongful Death a Civil or Criminal Case?
Wrongful death is always a civil case. The family can file a lawsuit in civil court to seek financial compensation for the loss of a loved one’s support and hold the at-fault party responsible. In such a case, ‘beyond a reasonable doubt’ does not apply. The claimants only need to show that it’s more likely than not that the other party caused the death.
If a criminal case arises from the same incident, the state files a separate case in criminal court to punish the responsible person. In criminal cases, punishment is often jail or prison time, and guilt must be proved beyond a reasonable doubt. Prosecutors decide whether to file charges. Family members decide whether to file the civil claim.
Can a Single Death Lead to Both Civil and Criminal Cases?
Yes. A single death can result in a civil wrongful death suit and a criminal prosecution. They serve different purposes, so both can proceed independently. For instance, a drunk driver could face DUI manslaughter charges brought by the state. At the same time, the decedent’s family still files an independent civil claim for consequences suffered due to the death.
Families can file a civil wrongful death case regardless of whether the case results in criminal charges. The civil case continues even when a criminal case results in an acquittal. As mentioned, civil cases use a lower burden of proof and are judged differently than a criminal trial.
What Happens If the At-Fault Person Is Also Facing Criminal Charges?
A pending criminal case doesn’t mean the family cannot file a civil wrongful death claim. Lawyers will choose the timing carefully, especially when a criminal case is in process. But the civil case can proceed on its own.
Criminal court may order the at-fault person to pay the victim’s family. But that payout will be separate from a civil wrongful death claim. It’s usually much smaller, and it does not affect the full amount the family may seek in civil court.
Who Can File a Wrongful Death Lawsuit in California?
Under California Code of Civil Procedure section 377.60, the primary parties with first right are the surviving spouse or registered domestic partner and the children of the decedent. If the deceased’s children died before them, that child’s children (the grandchildren) can bring the civil suit. If there’s no spouse, partner, or child, other heirs may file instead. Under California’s inheritance rules, that can include parents or siblings.
The law also allows other dependents to claim, including stepchildren, dependent parents, and putative spouses. A putative spouse is someone who fully believes they were legally married to the deceased, but then discovers that the marriage was illegal. If a minor lived with the decedent for at least 180 days and depended on the deceased for at least half their support, they also qualify for compensation. A personal representative of the estate may also file on behalf of the heirs.
What Damages Are Available in a Wrongful Death Case?
Surviving family members can recover damages suffered due to the untimely death. These damages fall into two categories, namely economic and non-economic damages. The first category covers the direct financial losses caused by a sudden death, such as lost employment benefits, future income, burial and funeral expenses, and other damages. In short, economic damages cover out-of-pocket financial losses that can be proven with hard documentation, receipts, and expert calculations.
Non-Economic damages are payments for the losses that don’t have records or invoices, such as losing a loved one’s companionship and emotional support, marital relations, and parental guidance. California law doesn’t set a fixed maximum for these claims. So, judges and juries can award fair compensation based on the family’s circumstances.
It’s important to understand the legal rules under California law. After a temporary state rule, SB447, ended on January 1, 2026, a deceased person’s estate could claim extra money for their pre-death pain and suffering. Now, under the California Code of Civil Procedure (CCP § 377.30), those claims are blocked in estate lawsuits. However, it does not affect your family’s separate wrongful death payout.
How Civil Wrongful Death Lawsuits Work in California
Filing a wrongful death lawsuit in California begins when your lawyer submits a formal legal complaint in court. Your legal team handles every step of filing the formal complaint, from drafting the required court paperwork to serving the lawsuit on the responsible parties under California rules. Next comes the discovery phase, where the parties gather evidence, exchange records, and take witness depositions.
Most wrongful death cases are resolved through a negotiated settlement where no court appearances are needed. However, when negotiations fail, your case will proceed to trial. You place yourself in a stronger position with an attorney who is willing to go to trial and deal with insurers and defendants.
What Is the Time Limit to File a Wrongful Death Case in California?
California law sets strict deadlines for filing a wrongful death lawsuit. CCP § 335.1 generally gives surviving family members two years from the date of death to file a claim. Missing this primary window usually permanently bars your family from recovering compensation.
Key exceptions can alter this standard timeline. According to CCP § 340.5, medical malpractice cases must be filed within three years of death or one year after discovering that medical negligence caused the death, whichever comes first. Public entity claims carry a strict six-month administrative deadline, while special rules pause the clock for minor heirs.
Why You Need a Wrongful Death Attorney
Finding your way through a wrongful death claim involves managing strict filing deadlines and separate legal actions. Often, your attorney must file a wrongful death claim for family losses alongside a separate estate action, known as a survival action under CCP § 377.30, to recover pre-death medical bills. If police investigations or criminal charges are also pending, coordinating these simultaneous legal processes while grieving can be overwhelming.
An experienced wrongful death attorney manages every stage of your case. Your legal team identifies all eligible heirs, files the proper estate claims, gathers vital evidence, and tracks related criminal proceedings. They negotiate aggressively with insurance companies and litigate in court to secure the maximum compensation your family deserves.
Speak With a San Diego Wrongful Death Lawyer
When a loved one is taken too soon, the emotional and legal aftermath can feel overwhelming. Our team at HHJ Trial Attorneys is here to listen, guide your family through the next steps, and provide a free, confidential consultation. We work on a contingency basis, so you don’t pay unless we recover compensation for you.
Our founding partners are all recognized by Super Lawyers with Top 50 California Jury Verdicts. We have recovered tens of millions of dollars for our clients. Contact us today to set up a free consultation and find out what your family’s case may be worth.
