Losing someone you love because of another person’s carelessness or wrongful act is devastating, and the legal questions that follow can feel overwhelming. A California wrongful death claim allows certain surviving family members to seek financial accountability when a loved one is killed by someone else’s negligence or misconduct. At Vaksman Khalfin, PC, our California personal injury attorneys can take on that legal work while your family focuses on grieving and healing.
This guide explains how wrongful death claims work in California: what they are, who is allowed to file, the deadline to bring a claim, the damages families may recover, how fault is established, and what the process involves. If you have lost a family member and believe another party was at fault, you can call us at 877-780-4727 for a free consultation.
Robert B. Vaksman, Esq.
Founding Partner
“Some cases are easier than others, but this doesn’t matter at Vaksman Khalfin, because we have the resources to help our clients no matter what is at stake, especially if it’s hard."
Alan D. Khalfin, Esq.
Partner & Managing Attorney
"People call me when they need to plan, but also when something terrible has happened and they need help. It is personal to my clients, so it is personal to me. We have to help: no matter what."
Key Takeaways
- A California wrongful death claim lets certain surviving family members seek compensation when a loved one is killed by another’s negligence or wrongful act.
- Most claims must be filed within two years of the date of death, and some situations, such as a claim against a government agency, have much shorter deadlines.
- Families may recover economic losses (like lost financial support and funeral costs) and non-economic losses (like lost companionship and guidance). Most cases have no damages cap, except medical-malpractice cases.
- A wrongful death claim covers the family’s losses, while a separate survival action covers losses the decedent suffered before death.
- Vaksman Khalfin, PC handles these cases on a contingency-fee basis with a free consultation. Call 877-780-4727.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought when a person dies because of another party’s negligence, recklessness, or intentional act. California’s wrongful death statute, Code of Civil Procedure section 377.60, allows specific surviving family members to recover compensation for the losses they suffer when a loved one is killed.
A wrongful death case is separate from any criminal prosecution. A criminal case punishes the wrongdoer and must be proven “beyond a reasonable doubt.” A civil wrongful death claim, by contrast, seeks money damages for the family and only has to be proven by a “preponderance of the evidence,” meaning it is more likely than not that the defendant’s conduct caused the death. Because that standard is lower, a family can sometimes recover compensation even when there is no criminal conviction.
Wrongful death claims can arise from many kinds of preventable tragedies, including car accidents, truck accidents, and motorcycle accidents. Other common causes include:
- Pedestrian and bicycle collisions
- Medical negligence and nursing-home neglect
- Dangerous or defective products
- Unsafe property conditions, such as a fatal fall caused by a hazard a property owner failed to fix
- Workplace and construction-site incidents
- Assaults and other intentional acts
Who Can File a Wrongful Death Lawsuit in California?
California law limits who has the legal right, or “standing,” to bring a wrongful death claim. Under Code of Civil Procedure section 377.60, the people who may file generally include:
- The decedent’s surviving spouse or domestic partner;
- The decedent’s children, and the children of any deceased child (the decedent’s grandchildren through a child who has died);
- If there is no surviving spouse, domestic partner, or descendant, the people who would inherit the decedent’s property under California’s intestate succession laws, which can include parents, siblings, or other next of kin.
In addition, certain people may file if they were financially dependent on the decedent, including a putative spouse (a spouse who believed in good faith that an invalid marriage was valid), the children of a putative spouse, stepchildren, and the decedent’s parents. The law also allows a minor who lived in the decedent’s household for at least 180 days, and who depended on the decedent for at least half of their support, to bring a claim.
Because more than one eligible family member may have a claim, California generally requires the wrongful death action to be brought as a single, joint lawsuit. Sorting out who is entitled to participate, and how any recovery is divided among them, is one of the issues an experienced wrongful death lawyer can help your family navigate.
Wrongful Death Claims vs. Survival Actions
California recognizes two related but distinct claims when someone dies because of another’s wrongful conduct, and many families actually have both:
- A wrongful death claim compensates the surviving family members for their own losses, such as the loss of the financial support, companionship, and guidance the loved one would have provided.
- A survival action is the claim the decedent could have brought had they survived. It is filed by the decedent’s estate and recovers losses the decedent personally sustained between the injury and death, such as medical expenses and lost earnings.
It is worth understanding a recent change in California law. A temporary rule that allowed an estate to recover the decedent’s pre-death pain, suffering, or disfigurement in a survival action applied only to cases filed through the end of 2025. For survival actions filed on or after January 1, 2026, that category of damages is generally no longer recoverable, and survival damages return to the decedent’s economic losses. Because the interplay between these two claims affects what your family can recover, it is worth discussing your specific situation with an attorney.
What Damages Can a Family Recover in a Wrongful Death Case?
There is no single formula for the value of a wrongful death claim, and no attorney can promise a specific result or amount. The value depends on the particular losses a family has suffered, and California allows recovery of both economic and non-economic damages.
Economic damages
Economic damages compensate measurable financial losses, such as the financial support the decedent would have provided, the loss of gifts or benefits the survivors would have expected to receive, funeral and burial expenses, and the reasonable value of the household services the decedent contributed.
Non-economic damages
Non-economic damages compensate deeply personal losses that are harder to measure, including the loss of the decedent’s love, companionship, comfort, care, moral support, and society, and, for a child, the loss of training and guidance.
Is there a cap on wrongful death damages in California?
In most wrongful death cases there is no cap, because California does not place a dollar limit on these damages. The main exception is medical malpractice. In a medical-malpractice wrongful death case, non-economic damages are limited under California Civil Code section 3333.2. Under changes that took effect in 2023, that limit increases on a set yearly schedule, rising toward $1 million for wrongful death cases over a ten-year period.
How Fault Is Established in a Wrongful Death Case
To recover compensation, a family generally must show that another party’s conduct legally caused the death. In most California wrongful death cases, that means establishing four things: that the at-fault party owed a duty of care, that the party breached that duty through negligence or a wrongful act, that the breach caused the death, and that the surviving family members suffered losses as a result.
Liability is rarely automatic. It may depend on the available evidence, the conduct of everyone involved, and the specific circumstances of the incident. Under California’s comparative fault rules, more than one party can share responsibility, and a wrongful death recovery may be reduced by the share of fault attributed to the person who died. Sorting out these questions often requires a careful investigation, which can include gathering records, identifying witnesses, and, where appropriate, working with specialists such as accident reconstruction experts or economists who can help document the family’s losses.
What the Wrongful Death Claim Process Involves
Every case is different, but a California wrongful death claim generally moves through several stages. It usually begins with an investigation into how and why the death occurred and who may be responsible. From there, a claim is typically presented to the at-fault party’s insurer, and many cases are resolved through negotiation. If a fair resolution cannot be reached, the claim may proceed to a lawsuit and, in some cases, to trial.
Because California requires the wrongful death action to be brought as a single, joint claim on behalf of the eligible family members, part of the process also involves identifying everyone entitled to participate and addressing how any recovery is shared among them.
If you have lost a family member, a few practical steps can help protect a potential claim: keep documents and records related to the incident and to your loved one’s finances, be cautious about giving a recorded statement to an insurance company before you understand your rights, and speak with an attorney before any filing deadline passes. Acting sooner rather than later helps preserve evidence while it is still available.
How Long Do You Have to File a Wrongful Death Claim in California?
In most California wrongful death cases, the family has two years from the date of the person’s death to file a lawsuit, under Code of Civil Procedure section 335.1. If a claim is not filed within the deadline, the family usually loses the right to pursue it, no matter how strong the case may be.
Some situations carry different, and often much shorter, deadlines. For example, a claim against a government agency generally must be formally presented within a much shorter window, and medical-malpractice claims follow their own timeline. Because these deadlines are strict and the exceptions are easy to miss, it is wise to speak with a wrongful death attorney as soon as possible, so that important evidence can be preserved and the claim is filed on time.
How Our California Wrongful Death Attorneys Can Help
You should not have to carry the legal burden of a wrongful death claim while you are grieving. The wrongful death lawyers at Vaksman Khalfin, PC can take on that work for your family. We investigate how and why your loved one died, identify the parties who may be responsible, and build the evidence needed to prove the claim, including working with the experts these cases often require.
We handle communications and negotiations with the insurance companies and, when an insurer will not offer fair compensation, we are prepared to take the case to court. We handle wrongful death cases on a contingency-fee basis, which means there is no upfront cost to your family and you pay attorney’s fees only if we recover compensation. Throughout, we keep your family informed and treat you with the care and respect this kind of case demands. Vaksman Khalfin, PC represents families in California, Nevada, and New York.
To talk with the wrongful death attorneys at Vaksman Khalfin, PC, call 877-780-4727 for a free consultation.
This page provides general information about California law and is not legal advice; reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome.
What You Can Expect
from Vaksman Khalfin Wrongful Death Attorneys
Free Consultation
We will assess the facts of your case, outline achievable outcomes, and chart a probable course of action without any financial obligation on your part. We are here for you and your family.
YOU ONLY PAY US IF WE REACH A SETTLEMENT
Your satisfaction is our number one priority. Our payment structure follows a "no win, no fee," policy which guarantees our fees are contingent on a successful outcome for your case.
EXCEPTIONAL ATTORNEYS AND CASE MANAGERS
A professional attorney with a case manager will ensure dedicated service and personalized attention. This loyal team is your consistent point of contact and personally handles all of your concerns.
MEDICAL PROVIDERS WILL NOT RECEIVE PAYMENT UNTIL YOUR CASE IS RESOLVED
We believe in a complete and fair resolution of your case before medical providers get paid. At Vaksman Khalfin your medical needs are our top priority. Our focus remains on achieving the best outcome for your case.
How it works
Complimentary consultation
We provide you with a complimentary consultation on your wrongful death case. If we're mutually interested to work with each other, you will sign an engagement agreement, after which we will get started. Remember, we don't get paid unless and until you get paid.
Working With a Team of Wrongful Death Attorneys
Our legal team will work with you to ensure that you receive the justice you deserve. We serve a pre-litigation demand package and negotiate with the defendant. If we don't get what we believe you are owed, we consider going to court.
We Will Fight For You
If pre-litigation efforts fail, in certain situations, we will continue fighting for you in court. This may take a while, but it will ensure that you get what you deserve. We have years of experience handling wrongful death cases in the State of California.
California Wrongful Death Frequently Asked Questions
There is no preset amount, and no attorney can promise a specific figure. California does not cap damages in most wrongful death cases, so the value depends on your family's specific losses, including lost financial support, funeral and burial costs, the value of lost household services, and the loss of the love, companionship, and guidance your loved one provided.
Under Code of Civil Procedure section 377.60, the surviving spouse or domestic partner, the decedent's children, and the children of a deceased child can file. If there are none, the people entitled to inherit under California's intestate succession laws may file. Certain financially dependent people, such as a putative spouse, stepchildren, and dependent parents, may also have a claim.
Most wrongful death lawsuits must be filed within two years of the date of death, under Code of Civil Procedure section 335.1. Shorter deadlines can apply; for example, a claim against a government agency generally must be presented within a much shorter window, and medical-malpractice cases follow a different timeline. Missing the deadline usually ends the claim, so it is important to act quickly.
A wrongful death claim compensates surviving family members for their own losses, such as lost support and companionship. A survival action is brought by the decedent's estate for losses the decedent personally suffered before death, such as medical bills and lost earnings. Many families pursue both.
Generally, no. California does not limit damages in most wrongful death cases. The exception is medical malpractice, where non-economic damages are limited under Civil Code section 3333.2 on a schedule that increases each year and rises toward $1 million for wrongful death cases.
You generally must show, by a preponderance of the evidence (more likely than not), that the at-fault party owed a duty of care, breached that duty through negligence or a wrongful act, that the breach caused the death, and that surviving family members suffered resulting losses. Building this proof often requires investigation and, in many cases, expert testimony.
Vaksman Khalfin, PC handles personal injury and wrongful death cases on a contingency-fee basis: there is no upfront cost, and you pay attorney's fees only if we recover compensation for your family. Initial consultations are free, so you can get answers about your situation at no cost.
It depends on the facts, the number of parties involved, and whether the case settles or goes to trial. Some claims resolve in months through a settlement; others take longer when litigation is necessary. The goal is to resolve the case as efficiently as possible while pursuing full and fair compensation.
