The sudden loss of a family member can have a profound impact on those left behind, with devastating psychological and financial repercussions. When a death was preventable but happened due to someone else’s negligence, the turmoil can be overwhelming. When the actions of a third party lead to the death of a family member, filing a California wrongful death lawsuit is the main way survivors can pursue legal recourse and damages.
A wrongful death lawsuit enables surviving family members to recover compensation when a death is caused by negligence, misconduct, or a product defect. According to the statute of limitations in California, families must file wrongful death lawsuits within two years. They must prove four elements, namely: duty of care, breach of duty, causation, and damages. In this guide, we’ll discuss the four elements, who can file wrongful death lawsuits, the damages families can recover, the filing deadline, and how to know when it’s time to call an attorney.
At HHJ Trial Attorneys, our wrongful death legal team in California handles wrongful death lawsuits, helping the surviving family recover financial recompense for their grievous loss. Our compassionate legal experts guide families through overwhelming periods and handle all legal requirements on behalf of the decedent’s loved ones. If you’re in this position, contact us to schedule a consultation with an attorney who will help you find the right way forward.
What Is a Wrongful Death Lawsuit in California?
A wrongful death lawsuit in California is a civil claim brought by eligible surviving family members when a person dies because of another party’s negligence, wrongful act, recklessness, intentional conduct, or a defective product. These claims let the decedent’s survivors recover compensation for losses caused by the death. These include economic harms the decedent could have pursued in a personal injury suit and wrongful-death-specific losses like loss of companionship. Plaintiffs must meet the burden of proof that the defendant’s conduct caused the death.
Who may bring a wrongful death action and what damages are recoverable are set by statute. Cal. Civ. Proc. Code § 377.60 defines eligible plaintiffs (for example, the decedent’s spouse, domestic partner, children, or heirs under intestate succession), and Cal. Civ. Proc. Code § 377.61 describes recoverable damages (economic losses such as lost financial support, funeral expenses, and household services, plus non-economic losses like loss of companionship). Use these provisions to determine who can file and what the claim may include.
4 Elements to Prove a Wrongful Death
To win a California wrongful death lawsuit, the family must prove four connected elements: duty of care, breach of duty, causation, and damages. The plaintiff carries the burden of proof on each element and must show that it is more likely than not that the defendant’s negligence (or other wrongful conduct) caused the death. Let’s discuss each element and what’s needed to prove them in court.
Duty of Care
Proving that the defendant had a duty of care means showing that they had a legal obligation to act with reasonable care to avoid harming others. For example, drivers have the duty to obey traffic laws and drive safely so they don’t cause accidents that could injure or take the life of other road users, including drivers, pedestrians, and cyclists.
Breach of Duty
A breach of duty is proven by showing that the defendant failed in their duty of care. For example, a driver who runs a red light, texts while driving, or drives while under the influence of substances has breached their duty of care to everyone else using the road.
Causation
Causation is the cause-and-effect link between the breach of duty and the death. The family must show that the breach actually caused the fatality, not just that it occurred. Establishing this connection often requires expert testimony from accident reconstructionists or medical experts who can testify about the fact that the injury caused did, in fact, lead to the fatality.
Damages
Lastly, the plaintiff must show that they have suffered measurable losses as a result of the death. Financial losses like lost income and funeral costs, as well as non-economic losses like lost companionship and support. Evidence can include invoices and receipts for financial damages, journals, photos, videos, and testimony from other loved ones for proof of non-economic damages.
Who Can File a California Wrongful Death Lawsuit?
California has strict regulations dictating who can file a wrongful death lawsuit. Under CCP 377.60, there is a hierarchy for who may file, starting with the decedent’s surviving spouse or domestic partner and the decedent’s children. If the decedent was under 18, their parents are given primary right to file. If the decedent was an adult whose children have died, their grandchildren can step into their parents’ place to file a wrongful death lawsuit.
A dependent minor who has lived in the decedent’s household for a minimum of 180 days is eligible to file a wrongful death lawsuit if there are no other eligible parties. If there is no surviving spouse, domestic partner, or child, the right to file passes to those who are entitled to the decedent’s property by intestate succession, such as parents or siblings. Regardless of who files, all eligible heirs must join a single lawsuit, as separate wrongful death claims for the same decedent are not allowed under the one-action rule.
| Relationship | Eligibility to File | Notes |
| Surviving spouse/domestic partner | Yes | First in priority |
| Children | Yes | First in priority alongside spouse/partner |
| Grandchildren | Yes, if their parent (the decedent’s child) is deceased | Step into the deceased child’s place |
| Parents | Yes, if no spouse, partner, or descendants | Via intestate succession; or if financially dependent on the decedent |
| Siblings/other next of kin | Yes, if no higher-priority heirs | Via intestate succession |
| Dependent minors in the household | Yes | Must have lived in the household at least 180 days and depended on the decedent |
How Long Do You Have to File for Wrongful Death in California?
California generally gives families two years from the date of death to file a wrongful death lawsuit under California Code of Civil Procedure Section 335.1, with a much shorter six-month deadline for government claims under California Government Code Section 911.2. Some medical malpractice-related claims can have a different statute of limitations where the lawsuit must be filed within one year of when the patient or their family discovers that the injury/death resulted from medical malpractice. Waiting hurts cases because evidence preservation is time-sensitive. Video, records, and witnesses that prove negligence disappear fastest, and missing the statute of limitations usually bars recovery permanently.
The statute of limitations for medical malpractice–related wrongful death claims can be one year from discovery of the malpractice or three years from the date of injury, whichever comes first, with limited exceptions (for example, a forgotten foreign object). Because the exact deadline depends on the facts, consult an attorney promptly to confirm your filing window and protect your rights.
What Are the Recoverable Damages in a Wrongful Death Lawsuit?
Under California law, there are three main categories of damages: economic, non-economic, and punitive, in very specific circumstances.
Economic Damages
Economic damages cover measurable financial losses, including the financial support the decedent would have provided in their lifetime, the loss of household services they performed, funeral expenses, and the value of benefits the family lost as a result of the death, such as employer-funded health insurance.
Non-economic Damages
Non-economic damages compensate the plaintiff for intangible losses including the loss of companionship, affection, moral support, and guidance. Under California law, the family cannot recover for their own grief and sorrow, but only for the loss of the relationship with the deceased person.
Punitive Damages
Punitive damages do not apply to every lawsuit, and they are generally not available in wrongful death lawsuits. Punitive damages may be available through a survival action, which is a legal claim filed on behalf of a deceased person’s estate to recover losses suffered by the deceased before death. In some rare situations, punitive damages are awarded in cases of extreme wanton disregard for the safety of others, or if the defendant is convicted of felony homicide.
How to File a Wrongful Death Lawsuit (Step by Step)
While every case is different, the wrongful death lawsuit process follows the same steps. It’s beneficial to understand what to expect before the lawsuit is initiated, to prepare for what’s to come.
- Consult an attorney as early as possible to preserve evidence, meet deadlines, and comply with all legal requirements.
- Investigate and gather evidence, including CCTV footage, dashcam video, witness statements, and surgical reports, before they disappear.
- Identify all eligible heirs and at-fault parties, keeping the one-action rule (there can be only one case) in mind so everyone affected is included.
- File the complaint within the applicable statute of limitations to protect the claim.
- Engage in the discovery process when evidence is exchanged, and depositions are taken.
- Negotiate a settlement if a fair resolution with the at-fault party is possible.
- Go to trial if the at-fault party refuses to settle fairly or isn’t engaging in the process in good faith.
How Much Is a California Wrongful Death Case Worth?
There is no exact figure because case value depends on the unique facts of your specific case. The decedent’s lost income, life expectancy, number of dependents, the severity of the negligence, and the available insurance coverage must all be considered and carefully calculated to reach a fair amount that accounts for the full impact of the death. While there are estimates and settlement calculators available, none can tell you the precise amount your case is worth. Working with an attorney who can assess the different value factors is the best way to put a number on your claim.
How HHJ Trial Attorneys Can Help
At HHJ Trial Attorneys, we build wrongful death cases from the ground up. We conduct an independent investigation, retain the right experts, and identify every eligible heir and at-fault party so the one-action rule works in your favor. We carefully value both economic and non-economic losses, and we prepare each case for trial so stalled negotiations don’t derail the entire lawsuit. No matter how your case unfolds, we will be prepared.
We work on a contingency fee basis, which means that you don’t pay us unless your case is successful; no recovery, no fee. We have secured over $3.5 million in wrongful death compensation because we are driven to help clients who would not otherwise have the means to seek justice. We also offer free case reviews so you can schedule a zero-commitment consultation to discuss your situation before we proceed with an official claim. Contact HHJ Trial Attorneys to schedule a consultation with our expert wrongful death lawyers.
