California has one of the most closely watched wrongful death systems in the country. The rules on who can file, how long you have and what the family can recover are set by statute, and a few details catch families off guard.
Quick answer: In California, a wrongful death lawsuit is generally filed within two years of the death by the surviving spouse or domestic partner, children, or other eligible heirs, or by the personal representative. Claims against public entities require a written claim within six months.
Key takeaways
- California limits who may sue to a list set in Code of Civil Procedure section 377.60.
- The general deadline is two years, but public entity claims need notice in six months.
- Medical negligence cases have special rules, including limits on non-economic damages.
- California follows pure comparative fault, so shared blame reduces but does not erase recovery.
Who can file in California
California names the people who may bring the claim. In general these include:
- The surviving spouse or domestic partner
- Children, and the children of a deceased child
- If none of those exist, anyone who would inherit under intestate succession
- In some cases a putative spouse, stepchildren or parents who depended on the person
- The deceased person’s personal representative, acting on behalf of those heirs
Who receives the money follows the same list. See who gets the money in a wrongful death lawsuit for how recoveries are divided.
California deadlines
- Typical case: two years from the date of death.
- Public entity defendant: a written claim must usually be presented within six months. A city, county, school district or public hospital are common examples.
- Medical negligence: separate time limits apply, including a one year discovery rule and an outer limit.
The six month trap: Many families believe they have two years in every case. If a public body may share responsibility, the claim window can close long before the lawsuit deadline. Read our full guide on the wrongful death statute of limitations.
What damages families can seek
- Funeral and burial expenses
- Lost financial support the person would have provided
- Loss of household services
- Loss of love, companionship, comfort, care and guidance
California generally does not let heirs recover for their own grief and emotional distress in a wrongful death claim in the way some other states do. A separate survival claim can cover the deceased person’s own losses before death, which is handled through the estate. Learn how amounts are shaped in average wrongful death settlement amounts.
Shared fault in California
California uses pure comparative negligence. If the deceased is found 30 percent at fault, the award is reduced by 30 percent. A person who is mostly at fault can still recover a smaller share. Cornell’s comparative negligence overview explains the concept.
Medical negligence deaths
California caps non-economic damages in medical negligence cases, and the cap differs for wrongful death. The amounts have changed over time, so confirm the current figure with a California attorney. See our hospital wrongful death guide for how these cases work.
How to build a strong claim
You must show the defendant owed a duty, breached it, and caused the death. Start with the evidence list in how to prove wrongful death. Our main wrongful death lawsuit page covers the process nationally.
Frequently asked questions
Who can file a wrongful death lawsuit in California?
The spouse or domestic partner, children, and other eligible heirs listed in the statute, or a personal representative acting for them.
How long do you have to file in California?
Generally two years from the date of death. A claim against a public entity must be presented much sooner, often within six months.
Can parents sue for the death of an adult child in California?
Only in limited situations, such as when they were financially dependent on the person or when no closer relatives exist. An attorney can check your facts against the statute.
Is there a cap on wrongful death damages in California?
There is no general cap in ordinary negligence cases, but medical negligence cases have limits on non-economic damages.
Can I recover if the deceased was partly at fault?
Yes. California reduces the award by the deceased person’s share of fault instead of barring the claim.
Do I need a lawyer to file?
The process involves strict deadlines and standing rules, so legal advice is strongly worthwhile. Most wrongful death lawyers work on contingency. See personal injury lawyer costs.
This article is general information, not legal advice. California law changes, and deadlines are strict. Speak to a licensed California attorney as soon as possible.