Wrongful Death Lawyer in California

Losing a family member because of someone else's negligence is a different kind of grief — one tangled up with medical bills, lost income, and questions about what happens next. California law gives certain surviving family members a legal path to hold the responsible party accountable, but the rules about who can sue, what can be recovered, and how long you have are specific and easy to get wrong at the worst possible time.

What Is a Wrongful Death Claim in California?

A wrongful death claim is a civil lawsuit brought by the surviving family of someone killed by another party's negligent, reckless, or intentional conduct. Common causes include:

• Car, truck, and motorcycle collisions
• Pedestrian and bicycle accidents
• Defective products or medical malpractice
• Dangerous property conditions (premises liability)
• Criminal acts, including DUI crashes

Unlike a criminal case, which punishes the wrongdoer, a wrongful death lawsuit is a separate civil action that seeks financial compensation for the losses the surviving family has suffered. It does not require a criminal conviction, and it proceeds under a different, lower burden of proof ("more likely than not," rather than "beyond a reasonable doubt").

Who Can File a Wrongful Death Lawsuit in California?

California Code of Civil Procedure section 377.60 limits standing to specific categories of people, generally in this order of priority:

1. The decedent's surviving spouse or registered domestic partner
2. The decedent's surviving children (and the children of any deceased child)
3. If there is no surviving spouse, domestic partner, or children, whoever would inherit the decedent's property under California's intestate succession laws — which can include parents or siblings
4. A putative spouse (someone who reasonably believed they were legally married to the decedent) and their children
5. Stepchildren and parents who were financially dependent on the decedent, under certain conditions

Can Parents Sue for Wrongful Death of a Child?

Yes. Parents may bring a wrongful death claim for the loss of a child who did not leave a surviving spouse, domestic partner, or children of their own. If the adult child was financially supporting a parent, that dependency can also strengthen the parent's standing and damages claim.

What Compensation Is Available?

California wrongful death damages are primarily economic and non-economic, and they belong to the surviving family members, not the estate. Recoverable losses can include:

• Loss of financial support the decedent would have provided over their expected working life
• Loss of household services, such as childcare or home maintenance the decedent provided
• Funeral and burial expenses
• Loss of love, companionship, comfort, care, society, and protection — the emotional losses suffered by surviving family members
• In a marriage, loss of consortium, including the loss of the couple's relationship

California generally does not allow punitive damages in a straightforward wrongful death claim, and there is no fixed formula or guaranteed dollar amount — every case depends on the decedent's age, income, family circumstances, and the strength of the liability evidence. Be skeptical of anyone who promises a specific settlement figure before reviewing your case.

Wrongful Death vs. Survival Actions

These are often confused. A wrongful death claim compensates surviving family members for their own losses. A separate survival action, brought by the decedent's estate under Code of Civil Procedure section 377.30, instead recovers damages the decedent personally could have claimed had they survived — such as pre-death medical bills and lost wages. The rules governing what a survival action can recover have shifted in recent years, so it's worth discussing your specific timeline and facts with an attorney rather than relying on a general summary.

How Long Do You Have to File? (Statute of Limitations)

Under California Code of Civil Procedure section 335.1, most wrongful death claims must be filed within two years of the date of death. There are two important exceptions to keep in mind:

• Claims against a government entity — a public transit agency, city vehicle, or government-maintained roadway, for example — generally require a formal administrative claim within just six months of the death, under the California Government Claims Act.
• Certain circumstances (such as delayed discovery of the cause of death) can affect the deadline, so it's important to confirm your specific timeline early.

Missing these deadlines typically bars the claim permanently, regardless of how strong the underlying case is. If your loved one was killed in a car accident or by a commercial vehicle, don't wait to get the clock confirmed.

Steps to Take After Losing a Loved One to Negligence

1. Obtain the police or incident report and any available witness information
2. Preserve physical evidence, photographs, and correspondence related to the incident
3. Avoid giving recorded statements to insurance companies before speaking with an attorney
4. Track funeral, medical, and financial losses as they occur
5. Consult a wrongful death attorney promptly to protect the filing deadline

For injuries that fall short of death but involve severe, life-altering harm, our related guide on catastrophic injury claims in California covers how those cases are valued and pursued. You can also review the full range of our services on our practice areas page, including our work on catastrophic injury cases.

Why Work With a Wrongful Death Lawyer

Wrongful death cases move quickly on the insurance side — adjusters often reach out to grieving families within days. An experienced wrongful death lawyer can:

• Identify every party who may be legally responsible, including employers or property owners
• Calculate the full economic value of lost future support and services
• Negotiate with insurers who may try to minimize payouts during an emotionally difficult time
• Take the case to trial if a fair settlement isn't offered

General background on the civil court process is available through the California Courts Self-Help Center, though it cannot replace advice tailored to your family's situation.

Frequently Asked Questions

Who can file a wrongful death lawsuit in California?

Generally the decedent's surviving spouse or domestic partner and children have first priority. If none exist, other dependents or those who would inherit under intestate succession law — which can include parents or siblings — may have standing.

What damages are recoverable in a California wrongful death case?

Surviving family members can typically recover the financial value of lost support and services, funeral and burial costs, and non-economic losses such as loss of companionship, comfort, and guidance. Punitive damages are generally not available in a standard wrongful death claim.

Can parents file a wrongful death claim in California?

Yes, if the deceased child did not leave a surviving spouse, domestic partner, or children of their own, or if the parent was financially dependent on the child.

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

Generally two years from the date of death. Claims against a government entity usually require a formal claim within six months. Confirm your exact deadline as soon as possible, since exceptions can apply.

Are wrongful death settlements taxable in California?

Compensation for physical injury or death is generally not taxable at the federal or state level, though portions allocated to certain damages (such as punitive damages, if awarded in a related claim) can be treated differently. Speak with a tax professional about your specific settlement structure.

Talk to a California Wrongful Death Lawyer

No settlement can undo the loss of a loved one, but pursuing accountability can ease the financial burden that follows and help prevent the same negligence from harming someone else. MMG Law Firm offers a free, no-obligation consultation, and we handle wrongful death cases on a contingency fee basis — there is no attorney fee unless we recover compensation for your family. We serve clients across California. Contact us to discuss your family's situation and your options.