California Wrongful Death Claims: Who Can File and Damages
"What is a wrongful death claim in California, who can file and what damages can families recover?"
Understanding Wrongful Death Claims in California
Wrongful death occurs when the negligence or wrongful act of another causes an individual's death, thereby allowing certain survivors to seek compensation through a California wrongful death claim. Under California law, specifically Code of Civil Procedure (CCP) § 377.60, only designated family members with standing may file these claims against responsible parties.
If you believe your family may have a claim, learn more about our Wrongful Death services.
Who Can File a Claim
Eligible claimants include the decedent's surviving spouse, domestic partner, children and issue of deceased children. Under CCP § 377.60, parents and siblings have standing if they fall within the intestate succession provisions when there is no surviving issue of the decedent. Also, parents can have standing if they were dependent on the decedent. Heirs hold separate claims but must generally pursue a single, joint wrongful death lawsuit to avoid multiple suits against the defendant.
Elements to Prove Wrongful Death
Plaintiffs must establish a tortious act or negligence, the resulting death and the specific losses suffered by the heirs, such as financial dependency and/or companionship.
Common Scenarios
Wrongful death claims commonly arise from fatal automobile, motorcycle, bicycle and pedestrian collisions; defective products; medical malpractice or professional negligence; premises hazards and unsafe property conditions; and elder abuse or neglect.
Recoverable Damages
Damages include funeral and burial expenses, lost financial support or income the decedent would have provided, the value of household services and anticipated benefits or gifts, as well as for the pecuniary value of the decedent's society, comfort and companionship, which includes factors like closeness of the family unit, depth of their love and affection, and character of the deceased as kind, attentive and loving. Heirs cannot recover for their own grief, sorrow or emotional distress.
Distinction Between Wrongful Death and Survival Actions (2026 Update)
Wrongful death claims under CCP § 377.60 compensate heirs directly for their personal losses from the death. In contrast, survival actions under CCP § 377.20 et seq. allow the decedent's estate to recover pre-death injuries, traditionally excluding pain, suffering, or disfigurement. Senate Bill 447 temporarily amended CCP § 377.34 to permit such damages in survival actions filed between January 1, 2022, and before January 1, 2026. For new filings on or after January 1, 2026, the prior exclusions resume for new filings, creating filing-date-based differences.
Our Experience, Reputation and Results Handling Wrongful Death Cases
Deadlines for wrongful death claims vary significantly by case type and circumstances, with shorter limits applying to claims against government entities or those involving medical malpractice. Strict notice requirements also precede filing a lawsuit in certain situations. Because these deadlines can be short and fact specific, every case differs, so families must consult an experienced attorney immediately to identify applicable deadlines and preserve their rights.
Dolan Law Firm is highly experienced and has achieved significant results in wrongful death matters. Contact our experienced trial attorneys today for a free case evaluation to protect your rights and pursue maximum compensation.