In this article 8 sections
When someone you love dies because of another person’s carelessness, the legal system is probably the last thing you want to think about. There is a funeral to plan, family to call, and a grief that does not follow any schedule. But at some point, questions start to surface. Can we hold anyone accountable? Who in the family is allowed to bring a claim? What does the law actually compensate?
California answers those questions with a specific set of statutes. A wrongful death claim is not something any relative can bring, and it does not cover every kind of loss. The rules can feel cold when you are grieving, but understanding them early helps families avoid mistakes that are hard to undo.
This post explains, in general terms and as of September 2026, who can file a wrongful death claim in California, what a family can recover, how the separate “survival action” works, and the deadlines that apply.
Two Different Claims After a Death
California recognizes two related but distinct claims when a person dies from someone else’s wrongful conduct.
The wrongful death claim belongs to certain family members and compensates them for their own losses caused by the death. It is governed by Code of Civil Procedure section 377.60 and the sections that follow.
The survival action is the claim the person who died would have had if they had lived. It passes to the decedent’s personal representative or, if there is none, the successor in interest (CCP section 377.30), and it covers losses the decedent suffered before death.
The two claims can be brought together in one lawsuit (CCP section 377.62), and the statute keeps them from overlapping: wrongful death damages may not include damages that are recoverable in the survival action (CCP section 377.61).
Who Can File a Wrongful Death Claim
CCP section 377.60 lists who may bring the claim, either directly or through the decedent’s personal representative on their behalf.
1. The closest family. The decedent’s surviving spouse, registered domestic partner, children, and the children of any deceased child (grandchildren whose parent has died). If the decedent left no surviving children or other descendants, the persons who would inherit the decedent’s property under California’s intestate succession rules may bring the claim. Depending on the family, that can include the surviving spouse or partner along with the decedent’s parents, or, if there are no parents, the decedent’s brothers and sisters (Probate Code section 6402). If the parents would be entitled to sue but are deceased, the decedent’s legal guardians may step into their place.
2. Certain dependents. Whether or not they qualify above, the following people may bring a claim if they were dependent on the decedent: a putative spouse, the children of a putative spouse, stepchildren, parents, or the decedent’s legal guardians if the parents are deceased. A “putative spouse” is someone whose marriage to the decedent turned out to be void or voidable, but whom the court finds believed in good faith that the marriage was valid.
3. A minor in the household. A minor may bring a claim if, at the time of death, the minor had lived in the decedent’s household for the previous 180 days and depended on the decedent for at least half of the minor’s support.
Consider a hypothetical: a teenage nephew has lived with his aunt for two years, and she pays for nearly everything he needs. If she is killed by a drunk driver, he may qualify under the household-minor rule even though a nephew would not normally be among the first family members entitled to sue.
Two more points. The statute’s definition of “domestic partner” refers to a registered domestic partnership under Family Code section 297, so an unregistered partner generally does not qualify on that basis. And where dependency is required, it has to be shown with facts.
One Lawsuit for the Whole Family
Each eligible heir has their own personal claim, but the wrongful death statutes ordinarily require the heirs’ claims to be litigated together to prevent a series of separate suits against the same defendant. That principle is reflected in the California jury instructions (CACI No. 3921 and its sources), which allow a jury to return a single award for all plaintiffs that the judge then divides. Under CCP section 377.61, the court determines the respective rights of the heirs in the award.
In practice, this means family members should talk early about who the heirs are, even if some of them are estranged or live out of state. Leaving an eligible heir out can create problems later.
What a Family Can Recover
The California Civil Jury Instruction on wrongful death of an adult (CACI No. 3921) describes the categories of damages.
Economic damages include:
- The financial support the decedent would have contributed to the family, measured over the shorter of the decedent’s or the claimant’s life expectancy
- The loss of gifts or benefits the claimant would have expected to receive
- Funeral and burial expenses
- The reasonable value of household services the decedent would have provided
Noneconomic damages include the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support, and, where applicable, the loss of training and guidance or the enjoyment of sexual relations.
The same instruction tells jurors what not to consider: the claimant’s grief, sorrow, or mental anguish; the decedent’s pain and suffering; and the wealth or poverty of the claimant. That is often hard for families to hear. The law compensates the loss of the relationship, not the grief itself, and the California Supreme Court has said damages for grief and sorrow are not recoverable in a wrongful death action (Krouse v. Graham (1977) 19 Cal.3d 59).
Punitive damages are generally not available in a wrongful death claim. There is a statutory exception when the death resulted from a homicide for which the defendant was convicted of a felony (Civil Code section 3294(d)).
If the death was caused by medical negligence, MICRA limits noneconomic damages. For 2026, the wrongful death cap under Civil Code section 3333.2 is $650,000, and the amount in effect when the case is resolved applies. We covered the MICRA structure in our post on birth injuries in California.
The Survival Action After the SB 447 Window
For many years, the survival action in California could not include damages for the decedent’s own pain, suffering, or disfigurement. SB 447 created a temporary exception, and the current text of CCP section 377.34 spells out exactly who still benefits from it.
As the statute reads today:
- In general, survival damages are limited to the loss or damage the decedent sustained or incurred before death, such as medical bills and lost earnings, including any penalties or punitive damages the decedent would have been entitled to recover, and do not include pain, suffering, or disfigurement.
- The exception: damages for pain, suffering, or disfigurement may be recovered if the case was granted trial preference before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.
So the date the survival action was filed is what matters. A case filed in 2025 may still seek damages for the decedent’s pain and suffering. A case filed in 2026 generally cannot.
A bill to extend that window, SB 29, passed the Senate in 2025 but was moved to the Assembly’s inactive file in September 2025 and did not become law. As of this writing, we are not aware of any enacted 2026 bill that changes wrongful death or survival damages.
Deadlines
- Wrongful death: generally two years under CCP section 335.1, which covers actions “for the death of” a person caused by wrongful act or neglect. Claims against health care providers follow CCP section 340.5 instead: three years from the injury or one year from discovery, whichever comes first.
- Survival action: under CCP section 366.1, if a person dies before their own deadline expired, the action may be filed before the later of six months after death or the deadline that would have applied had they lived.
- Government defendants: a claim for death against a public entity generally must be presented within six months (Government Code section 911.2). We explain that trap in our post on the six-month government claims rule.
Where to Start
You do not need to have everything figured out before you call a lawyer. It helps to gather the death certificate, any police or coroner reports, medical records and bills, funeral receipts, and basic information about the decedent’s income and the people who relied on them. A list of family members, including anyone who might qualify as a dependent, is useful too. For more on how we handle these cases, see our wrongful death practice page.
We Are Here When You Are Ready
No legal claim can make up for the loss of someone you love. What it can do is hold the responsible party accountable and give your family some financial stability. If you have questions about a loved one’s death, contact Reardon Stodolka for a free, confidential consultation at 657.522.7122. You pay nothing unless we recover compensation for you.