Losing a family member due to someone else's negligence is an unimaginable tragedy. While no legal action can undo that loss, a wrongful death claim can provide financial security for your family and ensure that those responsible are held accountable. This guide explains the key aspects of wrongful death law in California.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by the surviving family members of a person who died due to the negligent, reckless, or intentional conduct of another person or entity. Common causes include car accidents, truck accidents, medical malpractice, defective products, and workplace accidents.
Who Can File a Wrongful Death Claim in California?
| Claimant | Eligibility |
|---|---|
| Surviving Spouse or Domestic Partner | Always eligible |
| Children of the Deceased | Always eligible |
| Grandchildren | Eligible if the deceased's children are also deceased |
| Parents / Siblings | Eligible if no surviving spouse or children |
| Putative Spouse | Eligible if they had a good-faith belief in the marriage |
| Financial Dependents | Any person who was financially dependent on the deceased |
Wrongful Death vs. Survival Action
In California, there are two related but distinct claims: a wrongful death claim (brought by surviving family members for their own losses) and a survival action (brought on behalf of the deceased's estate for damages the deceased suffered before death, such as pre-death pain and suffering and medical expenses). Both claims can often be pursued simultaneously.
What Damages Can Your Family Recover?
- ✓ Financial support the deceased would have provided
- ✓ Loss of gifts or benefits the heirs would have received
- ✓ Funeral and burial expenses
- ✓ Value of household services the deceased would have performed
- ✓ Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
⚠️ Statute of Limitations
In California, wrongful death claims must be filed within 2 years of the date of death. Acting quickly is critical to preserve evidence and protect your family's rights.
Frequently Asked Questions
Can I file a wrongful death claim if my loved one was partially at fault?
Yes. California's comparative fault rules apply to wrongful death cases. If your loved one was partially at fault, the damages will be reduced proportionally. However, you can still recover significant compensation even if your loved one bore some responsibility.
How is a wrongful death settlement distributed among family members?
The distribution of a wrongful death settlement among eligible claimants is determined either by agreement among the family members or, if they cannot agree, by the court. The court will consider each claimant's relationship to the deceased and the extent of their financial and emotional dependence.
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