California’s Wrongful Death Law

Losing a loved one is one of life’s most devastating experiences. When that loss occurs because of another person’s negligence, misconduct, or intentional act, California law allows surviving family members to seek justice through a wrongful death claim. Wrongful death lawsuits not only provide a legal avenue to hold responsible parties accountable but also allow families to recover compensation for the financial and emotional impact of their loss.

This guide provides a detailed breakdown of California’s wrongful death law, including a complete look at California Code of Civil Procedure (CCP) § 377.60, common causes of wrongful death, who can file a claim, recoverable damages, statutes of limitations, and why having an attorney is essential. If you have lost a loved one due to another’s negligent or careless act, contact Kalfayan Merjanian, LLP, to speak with a skilled and experienced California wrongful death lawyer dedicated to getting clients justice and financial support for their losses.

What Is a Wrongful Death?

Under California Code of Civil Procedure (CCP) § 377.60, a wrongful death occurs when a person dies as the result of the negligence, recklessness, or intentional misconduct of another party. The key element is that the death must have been caused by the defendant’s wrongful actions or failure to act.

California recognizes wrongful death claims even if the deceased person would not have had the opportunity to file a lawsuit themselves. This law allows family members and dependents to step into the decedent’s shoes to seek justice and compensation.

Common Causes of Wrongful Death in California

Wrongful death can occur in a variety of situations, including but not limited to:

• Motor vehicle accidents: Car, truck, motorcycle, bus, bicycle, and ATV accidents are among the leading causes of wrongful death in California. Driver negligence, speeding, distracted driving, and intoxication often contribute to fatal crashes.

• Dangerous premises: Property owners have a legal duty to maintain safe premises. Fatal injuries can occur due to slip and fall hazards, broken stairs, unsafe walkways, inadequate lighting, swimming pool drownings, and more.

• Medical malpractice: When a healthcare provider’s negligence, such as misdiagnosis, surgical errors, or medication mistakes, results in a patient’s death, a wrongful death claim may be filed.

• Defective products: Manufacturers, distributors, or retailers may be liable if a defective product causes a fatal injury. Examples include faulty automotive parts, defective machinery, or unsafe consumer products.

• Dog bites and animal attacks: California law imposes strict liability on dog owners in many circumstances. Fatal attacks can also occur due to other animals if an owner fails to control a dangerous pet.

• ATV Accidents: Three-wheeler and four-wheeler all-terrain vehicles may seem like harmless amusement, but they can be responsible for deadly accidents when they tip over or fail when they shouldn’t or when ridden recklessly.

• Aviation Accidents: You might only hear about the rare major air disaster, but general aviation accidents happen every day in the U.S., resulting in hundreds of fatal crashes every year.

• Train Accidents: From train derailments to crashes at crossings to pedestrians walking along the tracks, railroad accidents occur by the thousands every year, and fatalities are not uncommon. California ranks near the top among the states reporting the highest number of railroad accidents.

These examples illustrate that wrongful death claims arise whenever someone’s actions or inaction unreasonably endanger another person’s life.

Who Can Bring a Wrongful Death Claim in California?

CCP § 377.60 provides a clear framework for determining who may bring a wrongful death lawsuit in California. The statute states:

“When the death of a person is caused by the wrongful act or neglect of another, the surviving spouse, domestic partner, children, and issue of deceased children may pursue an action for damages. If none of these relatives survive, the parents of the deceased may bring the action.”

In practical terms, the following individuals generally have the right to file a wrongful death lawsuit:

• The spouse or registered domestic partner of the deceased
• The children of the deceased, including adopted children
• The issue of deceased children (grandchildren)
• If none of the above survive, the parents of the decedent may file

Other relatives or friends cannot directly bring a wrongful death action, but their interests may be considered indirectly through economic support calculations if they were financially dependent on the decedent.

Damages Recoverable in a Wrongful Death Claim

California law allows plaintiffs to recover a range of economic and non-economic damages in a wrongful death lawsuit representing the harm they suffered or will suffer due to the loss of their loved one.

Economic damages may include:

• Medical expenses incurred prior to the decedent’s death
• Funeral and burial costs
• Loss of financial support the decedent would have provided
• Loss of household services, such as childcare, cooking, or maintenance

Non-economic damages may include:

• Loss of love, companionship, comfort, and affection
• Loss of moral support and guidance
• Emotional distress suffered by surviving family members

Statute of Limitations

Timing is critical in wrongful death claims. Under California Code of Civil Procedure § 335.1, the general statute of limitations for wrongful death actions is two years from the date of the decedent’s death. This deadline is strict: missing it can bar a lawsuit entirely.

Special circumstances may affect the filing deadline. For example, the timeline may be extended for a minor to file a claim, while cases involving a public entity defendant may require additional notice and shorter timelines. Consulting an experienced attorney promptly ensures that all procedural requirements are met.

Why You Need an Attorney

Wrongful death claims are complex. They require:

• Establishing liability for the decedent’s death, often involving accident reconstruction, medical expert testimony, or product defect analysis
• Calculating damages accurately, including lost income, household services, and ongoing care for dependents
• Dealing with insurance companies and defendants who may dispute fault or attempt to minimize compensation
• Complying with strict deadlines and procedural rules under California law

An experienced wrongful death attorney can guide the family through every stage of the claim, preserve critical evidence, and ensure that surviving family members receive the maximum compensation available under the law.

Key Takeaways from CCP § 377.60

• Only certain family members—spouses, domestic partners, children, grandchildren, and parents—can file a wrongful death lawsuit.
• Wrongful death actions are available when another party’s negligence, recklessness, or intentional misconduct causes a death.
• Both economic and non-economic damages are recoverable to compensate for financial losses and emotional suffering.
• The statute of limitations is typically two years from the date of death, making prompt action essential.
• Legal representation is crucial to handle complex liability and damages issues and protect the rights of surviving family members.

Contact Kalfayan Merjanian, LLP

If your family has lost a loved one due to someone else’s negligence or wrongful actions, the California trial attorneys at Kalfayan Merjanian, LLP, may be able to help. We have extensive experience handling wrongful death cases throughout California, from motor vehicle accidents to medical malpractice, dangerous premises, defective products, and more.

We provide compassionate guidance, aggressive legal advocacy, and a thorough approach to calculating damages so that, if retained, your family can pursue justice and financial support during this difficult time. Contact us today for a free consultation to discuss your case and your rights under California law.