By Attorney Christopher Brainard
Losing a loved one unexpectedly is one of life’s most painful experiences—especially when the loss was caused by someone else’s negligence or misconduct. California law provides a path for surviving family members to seek justice and compensation through what’s known as a wrongful death claim.
In this article, we’ll break down California’s wrongful death statute in clear, simple terms: who can sue, what damages are available, how long you have to file, and why legal representation is so important.
What Is Wrongful Death Under California Law?
Under California Code of Civil Procedure § 377.60, a wrongful death occurs when a person dies as a result of another party’s:
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Negligence (e.g., car accidents, unsafe premises)
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Reckless or intentional misconduct (e.g., assault, DUI)
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Medical malpractice
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Defective products
This is a civil lawsuit—separate from any criminal charges that might also be filed.
Who Can File a Wrongful Death Claim in California?
California law strictly defines who may bring a wrongful death lawsuit. The following parties have legal standing:
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Surviving spouse or domestic partner
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Children of the deceased
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Grandchildren (if the children are deceased)
If none of the above exist, others who were financially dependent on the deceased may qualify, including:
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Putative spouses and their children
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Stepchildren
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Parents
This "hierarchy" matters—those with primary standing (e.g., spouses and children) take precedence over others.
What Damages Can Be Recovered?
Wrongful death damages in California are meant to compensate survivors for both economic and non-economic losses. These may include:
Economic Damages:
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Financial support the deceased would have provided
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Funeral and burial expenses
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Loss of gifts or benefits
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Medical bills (if not covered under a survival action)
Non-Economic Damages:
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Loss of companionship and affection
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Loss of moral support and guidance
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Loss of sexual relations (for a spouse or partner)
Note: California law does not cap non-economic damages in wrongful death cases (except in certain medical malpractice cases).
How Long Do You Have to File? (Statute of Limitations)
In most wrongful death cases, the lawsuit must be filed within two years of the date of death.
However, there are exceptions:
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Medical malpractice: May be subject to a 1-year or 3-year limitation depending on when the injury was discovered
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Government entity involvement: Requires a claim filed within 6 months
Missing this deadline can bar you from ever pursuing compensation, so timely legal guidance is critical.
How Does a Wrongful Death Claim Differ from a Survival Action?
A wrongful death claim compensates the survivors for their personal losses. A survival action (under CCP § 377.30) allows the estate to recover for damages the deceased could have claimed had they lived—such as:
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Medical bills
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Lost wages
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Property damage
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Pain and suffering (in limited circumstances)
Both actions can often be filed together, depending on the facts of the case.
Why You Need a California Wrongful Death Attorney
Wrongful death cases are legally complex and emotionally taxing. At LawBrainard, we provide families with clear legal guidance, compassionate support, and aggressive representation throughout the process.
We investigate the cause of death, gather expert testimony, quantify damages, and handle all negotiations with insurance companies or defendants. If necessary, we’re fully prepared to take your case to court.
You Don't Have to Face This Alone
No amount of money can replace a lost loved one—but justice can ease the financial and emotional burden. If you're considering a wrongful death lawsuit in California, we invite you to speak with us directly.
📞 Call today for a free consultation: (310) 266 - 4115
🌐 Or visit: www.LawBrainard.com
Attorney Christopher Brainard serves clients throughout California, providing skilled representation in wrongful death and serious personal injury cases. All consultations are confidential, and you pay nothing unless we recover compensation on your behalf.
*This article/blog is provided for informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Christopher Brainard, Esq. An attorney-client relationship can only be formed through a written and signed agreement with Christopher Brainard. If you need legal advice about your specific situation contact us for a consultation. [Christopher Brainard, 651 N. Sepulveda Blvd., #2010, Bel Air, CA 90049].