Who Can File a Wrongful Death Lawsuit in California?
Not everyone who loved the person who died can bring a wrongful death claim. California law restricts standing to a specific hierarchy of claimants defined in CCP § 377.60. The surviving spouse or domestic partner stands first in line. If there is no spouse, the decedent’s children may file. If there are no children, the claim passes to anyone who would be entitled to the property under California’s intestate succession laws — which can include parents, siblings, or grandparents depending on the family structure. There is a separate category for “putative spouses” — people who believed in good faith they were legally married. Stepchildren who were financially dependent on the decedent also qualify under certain conditions. In our experience representing families across Los Angeles County, disputes over standing are more common than most people expect, especially in blended families or when a long-term partner was never formally married to the decedent. One critical distinction: a wrongful death claim is separate from a survival action under CCP § 377.30. The survival action recovers damages the deceased person could have claimed if they had lived — medical bills from the final injury, lost wages between the injury and death, and pain and suffering the person experienced before dying. Only the estate’s personal representative can bring a survival action, and the two claims are often filed together.What Damages Can You Recover in a Los Angeles Wrongful Death Case?
California splits wrongful death damages into economic and non-economic categories. There is no statutory cap on either category in standard wrongful death cases (unlike medical malpractice, where MICRA limits apply).| Damage Type | Category | Examples |
|---|---|---|
| Lost financial support | Economic | Wages, benefits, household services the decedent would have provided |
| Funeral and burial costs | Economic | Typically $10,000–$25,000+ in Los Angeles County |
| Loss of companionship | Non-economic | Emotional support, guidance, consortium |
| Loss of parental guidance | Non-economic | For minor children who lost a parent |
| Grief and emotional suffering | Non-economic | Mental anguish of surviving family members |
| Pre-death pain and suffering | Survival action | Physical and emotional pain the decedent experienced before death |
| Pre-death medical expenses | Survival action | Emergency room, hospitalization, ambulance costs |
How Long Do You Have to File a Wrongful Death Claim in California?
Two years from the date of death under CCP § 335.1. That deadline applies to most wrongful death cases — car accidents, truck accidents, premises liability, medical negligence, and workplace incidents. The exception is government liability. If a city bus, county vehicle, or state employee caused the death, you must file a government tort claim within six months under Government Code § 911.2. Miss that six-month window and you lose the right to sue the government entity entirely, regardless of how strong your case is. We have seen families contact us at month five, not realizing the clock was already almost expired. The most common mistake we see: families assume the criminal case needs to finish before they can file a civil wrongful death claim. That is wrong. The civil case and criminal prosecution run on separate tracks with separate standards of proof. You do not need a criminal conviction — or even criminal charges — to win a wrongful death lawsuit. O.J. Simpson was acquitted criminally but found liable in the civil wrongful death case filed by the Goldman family.What Are the Most Common Causes of Wrongful Death in Los Angeles?
Los Angeles County recorded 1,463 traffic fatalities between 2020 and 2023 according to the California Office of Traffic Safety. Motor vehicle collisions remain the leading cause of wrongful death claims our firm handles, followed by premises liability and medical negligence. Motor vehicle accidents account for the largest share. This includes collisions involving passenger cars, motorcycles, commercial trucks, rideshare vehicles, and pedestrians struck by cars. Rideshare fatalities have their own coverage layer — see our Los Angeles Uber and Lyft accident lawyer guide for how the $1 million TNC policy applies. Speeding, distracted driving, and DUI remain the top contributing factors in fatal LA County crashes. Premises liability deaths occur when a property owner’s negligence creates a fatal hazard — a collapsing balcony, an unfenced swimming pool, an unmarked construction zone, or inadequate security that allows a violent crime. The property owner owes a duty of care under California Civil Code § 1714. When a violent assault on apartment, hotel, or retail property could have been prevented, families have an additional path under our Los Angeles negligent security lawyer framework. Fatal apartment-fire and electrical-burn cases follow a parallel framework — our Los Angeles burn injury lawyer guide details landlord and product-defect liability. Skilled nursing facility deaths from neglect, falls, and pressure ulcers fall under their own framework — see our Los Angeles nursing home abuse lawyer guide for the Elder Abuse Act and enhanced damages. Medical malpractice deaths carry a separate damages framework. Under MICRA (as amended by AB 35 effective January 2023), non-economic damages in wrongful death cases caused by medical negligence are capped at $750,000, increasing by $50,000 per year until 2034. That cap does not apply to economic damages or to non-medical wrongful death cases. Workplace fatalities are more complex because California’s workers’ compensation system typically bars direct negligence lawsuits against the employer. However, if a third party caused the death — a subcontractor, equipment manufacturer, or property owner — the family can pursue a wrongful death claim against that third party while the estate separately collects workers’ comp death benefits.How Much Is the Average Wrongful Death Settlement in California?
There is no single “average” that means anything useful. Wrongful death settlements in California range from under $500,000 to well over $10 million depending on the decedent’s age, earning capacity, number of dependents, and the defendant’s degree of fault. A few factors that consistently drive settlement value higher: the decedent was the primary breadwinner for a young family; the defendant was intoxicated or engaged in willful misconduct; a corporation violated a known safety regulation; or the case involves a commercial truck with a $1 million+ insurance policy. Cases with clear liability and catastrophic financial impact to the surviving family settle in the seven-figure range more often than not. Punitive damages are not available in wrongful death actions under California law (as held in Tarasoff v. Regents of University of California and reaffirmed in subsequent appellate decisions). However, punitive damages can be recovered through the companion survival action if the defendant’s conduct was malicious, oppressive, or fraudulent under Civil Code § 3294.Wrongful Death vs. Survival Action: What Is the Difference?
This distinction confuses almost every family we work with, and it matters because the two claims compensate different losses and are brought by different parties.| Feature | Wrongful Death Claim | Survival Action |
|---|---|---|
| Who files | Surviving family members (spouse, children, dependents) | Personal representative of the estate |
| What it compensates | Family’s losses (financial support, companionship, grief) | Decedent’s losses (pre-death pain, medical bills, lost wages before death) |
| Punitive damages | Not available | Available if conduct was malicious or fraudulent |
| Statute of limitations | 2 years from death (CCP § 335.1) | 2 years from death (CCP § 377.20) |
| Who receives recovery | Individual family members | The estate (distributed per will or intestate law) |
Frequently Asked Questions
How much can you sue for wrongful death in California?
California places no statutory cap on wrongful death damages in non-medical-malpractice cases. Total compensation depends on the decedent’s lost future earnings, the family’s loss of companionship, and funeral costs. Settlements and verdicts commonly range from $500,000 to $10 million or more.
Who can file a wrongful death lawsuit in California?
Under CCP § 377.60, the surviving spouse or domestic partner has first priority. Children of the decedent are next. If neither exists, anyone entitled to property under intestate succession laws may file. Putative spouses and dependent stepchildren may also qualify.
Can you file a wrongful death claim if there are no criminal charges?
Yes. Civil wrongful death cases use a “preponderance of the evidence” standard, which is far lower than criminal law’s “beyond a reasonable doubt.” You do not need a criminal investigation, arrest, or conviction to bring a successful wrongful death lawsuit.
What is the statute of limitations for wrongful death in California?
Two years from the date of death under CCP § 335.1. If a government entity is responsible, you must file a government tort claim within six months under Government Code § 911.2 before you can sue.
What is the difference between wrongful death and a survival action?
A wrongful death claim compensates the surviving family for their losses — lost income, companionship, and grief. A survival action compensates the decedent’s estate for what the deceased person suffered before dying — pain, medical bills, and lost wages between injury and death. Both are typically filed together.
Does California have a cap on wrongful death damages?
No cap exists for standard wrongful death cases. Medical malpractice wrongful death cases are subject to MICRA, which caps non-economic damages at $750,000 as of 2023, increasing annually by $50,000 until reaching $1 million in 2034. Economic damages are never capped.