Wrongful death claims in California
There is no good way to write this page. What we can do is set out plainly who is allowed to bring a claim, what California does and does not compensate, and a recent change in the law that a great many websites still have wrong.
Who may bring the claim
California treats a wrongful death claim as one single action. All eligible heirs must be joined in the same case rather than bringing separate suits, and the recovery is then apportioned between them. That occasionally produces difficult family conversations, and it is better to have them early.
Note who is generally absent from the list: unmarried partners who were not registered domestic partners and were not financially dependent, and adult children of a parent who also leaves a spouse still share with that spouse rather than claiming separately.
Two claims, not one
| The wrongful death claim | Belongs to the surviving family, for their loss: financial support the deceased would have provided, the value of lost household services, funeral and burial costs, and the loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support. |
|---|---|
| The survival action (Code Civ. Proc. § 377.30) | Belongs to the deceased's estate, for the losses they suffered between injury and death: their medical expenses, their lost earnings, and — under the current rule — their pain and suffering. |
What California does not allow in a wrongful death claim is the survivors' own grief and sorrow as a separate head of damage, which surprises almost everyone. The loss of the relationship is compensable; the emotional suffering of the survivor as such is not.
Deadlines
Two years from the date of death under Code of Civil Procedure section 335.1 — note, from the death, which may be later than the injury.
If a public entity is involved, six months to present an administrative claim under Government Code section 911.2. That will arrive during the worst period of a family's life, and it does not pause for it.
What this looks like practically
There is usually a probate dimension — someone needs authority to act for the estate for the survival action. There may be a criminal case running alongside. There are life insurance and benefit questions that are separate from the claim. And there is frequently a coroner's investigation whose report takes months.
None of that needs to be understood by the family on day one. What does need to happen on day one is preservation: the vehicle, the scene, any footage, the employer's records if work was involved. Those disappear on their own schedule regardless of what anyone is going through.
Questions people ask
Who is allowed to bring a wrongful death claim in California?
Primarily the surviving spouse or domestic partner, children, and the issue of deceased children; failing those, whoever would inherit under intestate succession. Certain dependants — a putative spouse, stepchildren, parents — may also qualify if they were financially dependent. It is a single action with all eligible heirs joined, not separate suits.
Can we recover for our own grief?
Not as such, which surprises nearly everyone. California compensates the loss of the relationship — love, companionship, comfort, care, society, moral support — along with financial support and services. It does not treat the survivor's grief and sorrow as a separate recoverable item.
Can we recover for what they suffered before they died?
It depends on when the action is filed. California barred such recovery historically; SB 447 permitted it for actions filed between 1 January 2022 and 31 December 2025; for actions filed from 1 January 2026 the earlier position returned. A great many websites still state the temporary rule as if it were permanent. This needs checking against your specific dates.
There is a criminal prosecution. Should we wait?
No. The civil deadline runs regardless and evidence degrades. The two proceed in parallel, and a conviction, if one comes, assists the civil claim. Restitution ordered in the criminal case is not a substitute for the civil claim.
How long do we have?
Two years from the date of death in most cases. Six months to present a claim if a public entity is involved — a city vehicle, a transit bus, a road defect. The six-month rule is the one that catches grieving families.
Related
Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.
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