Wrongful Death in California — Legal Information | Personal Injury Rights Law

Wrongful Death Under California Law

When negligence kills someone in California, surviving family members may bring a wrongful death action under Code of Civil Procedure Section 377.60. The wrongful death action compensates surviving heirs for their own losses — financial support, companionship, and services. A survival action under CCP Section 377.30 allows the estate to recover the deceased's pre-death pain and suffering and economic losses. Both actions can be brought simultaneously.

California personal injury law provides a robust framework for wrongful death victims. The governing legal standard depends on the type of injury: vehicle accidents proceed under negligence (with Vehicle Code violations establishing negligence per se); premises liability proceeds under the Rowland v. Christian (1968) duty of care; product liability proceeds under Greenman v. Yuba Power Products (1963) strict liability; and medical malpractice proceeds under MICRA's professional negligence standard with its specific damage caps and shorter statute of limitations.

California's pure comparative fault system from Li v. Yellow Cab Co. (1975) allows wrongful death victims to recover damages even if they were partly at fault. Recovery is reduced proportionally by the victim's fault percentage but not eliminated. California imposes no cap on economic or non-economic damages in non-malpractice personal injury cases.

Who Is Liable After a Wrongful Death

Liability in wrongful death cases depends on the specific facts and the legal theory governing the injury type. For vehicle accidents: the at-fault driver and their employer (if driving for work). For premises liability: the property owner, lessee, or other party who controlled the property. For product liability: the manufacturer, distributor, and retailer in the entire distribution chain. For medical malpractice: the licensed healthcare provider and potentially the healthcare facility. For workplace accidents: the employer's workers' compensation insurer (exclusive remedy against the employer) and third-party defendants whose negligence contributed.

Damages Available After a Wrongful Death

California wrongful death victims can recover: all past and future medical expenses (no cap); lost wages and lost earning capacity; property damage; non-economic damages (pain, suffering, emotional distress, disfigurement, loss of enjoyment of life) — uncapped in non-malpractice personal injury cases; and punitive damages under Civil Code Section 3294 when the defendant's conduct constitutes malice, oppression, or fraud. Medical malpractice non-economic damages are capped by MICRA at $470,000 (personal injury) and $650,000 (wrongful death) in 2026.

Statute of Limitations for Wrongful Death Claims in California

Two years from the date of injury under CCP Section 335.1 for most wrongful death claims. Medical malpractice: one year from discovery or three years from the act (CCP Section 340.5). Government entity claims: six-month administrative claim under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352. Missing any applicable deadline permanently bars the claim.

Critical Evidence in Wrongful Death Cases

• Medical records from the date of injury — Create a contemporaneous medical record tying injuries to the incident; seek care the same day if possible
• Incident or police report — Official documentation of the event, the parties, and any witnesses
• Photographs — The scene, injuries, defective condition, or damaged product at the earliest possible opportunity
• Witness information — Names and contact information for all persons who saw the incident
• Insurance information — All potentially applicable policies from all potentially liable parties
• Prior incident records — Prior complaints, citations, inspections, or product recalls that establish the defendant's prior notice of the hazard
• Employment and wage records — Documentation of lost income from the date of injury forward