Wrongful Death Claims in California: What You Need to Know
Code of Civil Procedure section 377.60 sets the list: the surviving spouse or domestic partner, the children, and the issue of a deceased child. If none of those exist, the right passes to whoever would inherit under California's intestate succession rules. Some financial dependents — a putative spouse, stepchildren, or parents — may also qualify.
Overview
Lost a loved one due to negligence or wrongful acts? Our compassionate wrongful death attorneys in Los Angeles help families seek justice and compensation.
What compensation may be available?
California law allows an injured person to seek compensation for the losses the injury caused. In wrongful death cases those commonly include:
- Loss of financial support the person would have provided
- Funeral and burial expenses
- Loss of love, companionship, comfort and care
- Loss of household services
- Loss of the person's guidance and training
- Losses recoverable through a separate survival action
Frequently asked questions
Who is allowed to file a wrongful death claim in California?
Code of Civil Procedure section 377.60 sets the list: the surviving spouse or domestic partner, the children, and the issue of a deceased child. If none of those exist, the right passes to whoever would inherit under California's intestate succession rules. Some financial dependents — a putative spouse, stepchildren, or parents — may also qualify.
How long does a family have to bring a wrongful death claim?
Generally two years from the date of death under Code of Civil Procedure section 335.1. If a public entity may be responsible — a city vehicle, a dangerous road condition, a public hospital — Government Code section 911.2 requires a written claim to be presented to that entity within six months, which is the deadline families most often miss.
What can a family actually recover?
California wrongful death damages compensate the survivors for their own losses: the financial support the person would have provided, funeral and burial costs, and the loss of that person's love, companionship, comfort, care and guidance. The losses the person themselves suffered before dying belong to a separate survival action, which is brought by the estate.
Talk to a wrongful death attorney
Hollywood Injury Law Center — Bash & Polyachenko P.C. has represented injured people in Los Angeles County since 2000. Attorney's fees are charged on a contingency basis — no fee unless we obtain a recovery. How case costs advanced by the firm are handled is set out in your written fee agreement.
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