Wrongful Death

Wrongful death law provides a structured legal pathway for surviving family members to obtain compensation when negligence or misconduct takes a loved one's life.

Wrongful Death in California

California's wrongful death statutes are found in Code of Civil Procedure §§ 377.60–377.62. The claim is entirely statutory — there was no wrongful death action at common law. The statute defines who may sue, what damages are available, and how the action must be brought.

Who may bring a wrongful death claim. Under CCP § 377.60, eligible plaintiffs include: the decedent's surviving spouse or registered domestic partner; the decedent's children (and, if a child predeceased the decedent, that child's children); if there is no surviving issue, the decedent's parents or siblings; and putative spouses or dependents who were financially dependent on the decedent.

Wrongful death damages. California wrongful death damages are for the survivors' losses, not the decedent's. Recoverable damages include: the financial support the decedent would have provided; the value of the decedent's household services; the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support; grief and sorrow; and in some cases, funeral and burial expenses.

Survival action — separate but related. A survival action (CCP § 377.30) is a separate claim that allows the estate to recover damages the decedent suffered before death — including pre-death pain and suffering, medical expenses, and lost earnings from the date of injury to the date of death. Wrongful death and survival actions are typically filed together in the same lawsuit.

One action rule. All eligible wrongful death claimants must join in a single action. Multiple separately filed wrongful death cases for the same death are not permitted.

How Wrongful Death Cases Work in Practice

Wrongful death cases typically involve economic analysis of the decedent's lost earning capacity over their expected working life, reduced to present value. Forensic economists calculate the present value of projected future income the decedent would have earned and provided to the family.

Non-economic damages in wrongful death cases are often substantial — particularly when the decedent was young, was a primary caregiver, or had a close, loving family. These damages are inherently subjective and jury-determined.

Insurance policy limits can be a practical constraint. If the at-fault driver had minimum limits ($15,000/$30,000 in California), the full value of a wrongful death claim may far exceed available insurance. Uninsured/underinsured motorist coverage on the decedent's policy may provide an additional source of recovery.

The statute of limitations for wrongful death is two years from the date of death under CCP § 335.1. This is a firm deadline — missing it bars the claim entirely. Special rules shorten the deadline against government entities (six months under the Government Tort Claims Act).

California Wrongful Death Law Specifics

California does not cap non-economic damages in wrongful death cases in standard tort claims. Medical malpractice wrongful death claims are subject to MICRA's non-economic damages cap (as amended by AB 35) — $350,000 for most cases, rising to $750,000 over 10 years.

California's wrongful death statute is relatively broad in defining eligible plaintiffs compared to many states. The inclusion of financial dependents and putative spouses reflects California's recognition of diverse family structures.

In California, wrongful death proceeds are not subject to estate taxes and are generally non-taxable to the recipients under federal law (IRC § 104(a)(2)) to the extent they compensate for personal physical injury or death.

Related Legal Terms