Wrongful death attorneys · Serving all of California
California Wrongful Death Attorney
We are sorry for your loss. When a death was caused by someone else's negligence, your family has rights under California law. We explain them gently and clearly, handle the legal work, and offer a free case review.
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Key Takeaways
- A spouse or domestic partner, children and certain other family members and dependents can bring a wrongful death claim in California.
- Families can recover lost financial support, household services, funeral costs and the loss of their loved one's love, companionship and guidance.
- Most wrongful death lawsuits must be filed within two years of the death. Claims against a public agency usually need a written claim within six months.
- For cases filed on or after January 1, 2026, the estate's survival action generally cannot recover the person's own pain and suffering.
- When medical negligence caused the death, special notice rules apply and non-economic damages are capped at $650,000 for 2026.
- We help families in all 58 California counties, from our San Diego office.
How we help families after a preventable death
We take on the legal work so your family can grieve and care for each other. That means gathering records, dealing with insurers, meeting deadlines and explaining each step in plain words. You talk directly with an attorney, and you decide how fast to move.
No lawsuit can bring someone back. A claim can hold the responsible party accountable and replace the financial support your family has lost. It can also answer questions about what happened.
Many families need those answers from a hospital chart or an accident report. Before law school, our founding attorney, Steven D. Green, worked in operating rooms as a manager for medical device companies, training surgeons on spine and cardiac technology. He understands hospital procedures and medical records, and he has seen firsthand what patients and their loved ones go through. Learn more about Steven D. Green.
What is a wrongful death claim in California?
A wrongful death claim is a civil case brought by close family members when a person's death was caused by the wrongful act or neglect of another CCP 377.60. It is separate from any criminal case. The family must prove fault the same way the person could have if they had survived.
Wrongful death claims arise from many kinds of loss:
- Traffic crashes. Fatal car accidents, truck accidents, motorcycle crashes, and pedestrian and bicycle crashes.
- Medical negligence. A missed diagnosis, a surgical error or a medication mistake. See our page on California medical malpractice.
- Unsafe property. Falls, pool drownings and assaults where security was inadequate. See our premises liability page.
- Work-related deaths caused by a party other than the employer. See our workplace injury page.
Who can sue for wrongful death in California
The surviving spouse or registered domestic partner, the children, and the children of a deceased child can file CCP 377.60(a). If there are none, the people who would inherit under intestate succession can file. Certain dependents, including parents and stepchildren, may also have a claim.
Dependents who may also file
If they were financially dependent on the person who died, these family members may also bring a claim CCP 377.60(b):
- A putative spouse, meaning a spouse who believed in good faith that a void or voidable marriage was valid, and that spouse's children
- Stepchildren
- Parents
A minor who lived in the household for the 180 days before the death, and who received at least half of their support from the person who died, may also file CCP 377.60(c).
Families sometimes worry about who should take the lead. We talk with each person, explain where they fit, and help the family move forward together. The court decides how an award is divided among the people entitled to it CCP 377.61.
What a wrongful death claim can recover
California allows damages that are just under all the circumstances CCP 377.61. They include the financial support and gifts the person would have provided, the value of their household services, funeral and burial costs, and the loss of their love, companionship, comfort, care, protection and moral support.
Economic losses
- Financial support the person would have contributed over their expected lifetime
- Gifts or benefits the family would have expected to receive
- The reasonable value of household services, such as childcare and home upkeep
- Funeral and burial expenses
Non-economic losses
The loss of the person's love, companionship, comfort, care, assistance, protection, affection, society and moral support. For a child, this can include the parent's training and guidance.
California jury instructions tell jurors not to award damages for the family's grief, sorrow or mental anguish, or for the pain and suffering of the person who died, in the wrongful death claim CACI No. 3921. That can be hard to hear. The law measures what the relationship gave the family, and we help you show that fully.
Some families can also recover in the estate's separate survival action, explained below.
The survival action: the estate's claim
A survival action is the claim the person who died could have brought if they had lived, pursued by the estate. It covers losses before death, such as medical bills and lost wages, and can include punitive damages CCP 377.34(a). It usually cannot include the person's own pain and suffering.
The 2026 change to pain and suffering
From 2022 through 2025, California temporarily allowed the estate to recover the person's pain, suffering or disfigurement in a survival action. That rule applies only to cases filed on or after January 1, 2022, and before January 1, 2026 CCP 377.34(b). It was not extended. For survival actions filed in 2026, those damages are generally not available.
There is an exception for elder and dependent adult abuse. When abuse or neglect is proven by clear and convincing evidence of recklessness, oppression, fraud or malice, the estate may still recover the person's pain and suffering, subject to a statutory limit Welf. & Inst. Code 15657(b).
How long you have to file
Most California wrongful death lawsuits must be filed within two years of the death CCP 335.1. If a city, county, state agency or other public entity may share responsibility, a written claim is usually due within six months Gov. Code 911.2(a). Medical malpractice deaths follow their own rules.
- As soon as you are ready
A private consultation
Call or send a short message. We can start preserving evidence, such as vehicle data, video and medical records, while your family focuses on each other.
- Within 6 months
Government claim, if a public entity was involved
Examples include a dangerous road, a public bus or a public hospital. If the claim is rejected in writing, a lawsuit is generally due within six months of that notice Gov. Code 945.6(a).
- 90 days before suing
Notice in a medical malpractice death
The provider must receive at least 90 days' notice before a lawsuit is filed CCP 364. Medical negligence claims also have the three-year and one-year limits in CCP 340.5.
- Within 2 years
Wrongful death lawsuit
Most claims must be filed within two years of the death.
In a medical malpractice death, California caps non-economic damages at $650,000 for 2026 Civ. Code 3333.2. Economic losses, such as lost support, have no cap. Our medical malpractice lawyer page explains these rules.
Wrongful death claims anywhere in California
We represent families in all 58 California counties from our office at 4275 Executive Square in San Diego. We meet by phone or video, and we travel when a family needs us in person. See the counties we serve.
For San Diego County cases, visit our San Diego personal injury lawyers page. For other injury claims, see our California personal injury lawyer page. When you are ready to talk, call (888) 264-3780, day or night.
Reviewed by Steven D. Green, Esq. · Updated October 12, 2026
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Questions
California wrongful death questions, answered
Who can sue for wrongful death in California?
Under Code of Civil Procedure section 377.60, the surviving spouse or registered domestic partner, children and the children of a deceased child can sue. If there are none, the people who would inherit under intestate succession can. Dependent parents, stepchildren and a putative spouse may also sue, and so may a minor who lived in the home for 180 days and relied on the person for at least half of their support.
How much is a wrongful death lawsuit worth in California?
There is no set amount and no reliable average. Value depends on the financial support and household services the person would have provided, funeral and burial costs, and the loss of their love, companionship, comfort and guidance. California law does not allow damages for the family's grief or sorrow. In a medical malpractice death, non-economic damages are capped at $650,000 for 2026.
How hard is it to win a wrongful death suit?
It depends on the evidence of fault. The family must show that someone's wrongful act or neglect caused the death, the same proof the person would have needed if they had survived. Crash reports, video, medical records and expert review often decide that. A careful early investigation, before evidence is lost, makes the case stronger.
What are the odds of winning a wrongful death lawsuit?
No published number can predict a family's case. The odds turn on how clearly the evidence shows fault, whether the defendant blames the person who died, and the insurance or assets available. Many wrongful death claims resolve by settlement. We review the facts with you and give you an honest assessment.
How long do wrongful death lawsuits usually take?
Some settle within months, and others take a year or more, especially when a lawsuit is filed and the case goes through discovery and depositions. Claims involving a government agency or medical malpractice add notice steps. We keep families informed and move as quickly as the case allows.
How long do you have to file a wrongful death claim in California?
Most wrongful death lawsuits must be filed within two years of the death (Code of Civil Procedure section 335.1). If a city, county, state agency or other public entity was involved, a written claim is usually due within six months (Government Code section 911.2). Deaths caused by medical negligence follow the medical malpractice deadlines.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for its own losses. A survival action is the claim the person who died could have brought, pursued by the estate, and covers losses before death such as medical bills and lost wages. For cases filed on or after January 1, 2026, the survival action generally cannot recover the person's own pain and suffering.
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