Wrongful death cases are different. The legal process is similar to other injury work, but the cases themselves are not. They are about a family that has been broken by someone else's negligence and the question of what the law can and cannot do to address that loss.
I have handled wrongful death cases involving auto collisions, trucking incidents, medical negligence, and premises liability. Here is what California families should know about the legal process, written with the recognition that you are probably reading this in a difficult moment.
Who can bring a wrongful death claim
California Code of Civil Procedure section 377.60 lists the people who have standing to bring a wrongful death action. The first tier includes:
The surviving spouse, domestic partner, and children. The issue (children) of any deceased child. These family members have the strongest and most direct claim under California law.
If there are no surviving spouse, domestic partner, or descendants, the right passes to those who would inherit under California's intestacy laws. That typically means parents and siblings, but the analysis depends on the specific family situation.
Putative spouses, stepchildren who were financially dependent, and parents of an adult child who depended on them are recognized in narrower circumstances. We evaluate eligibility carefully at the outset of every case because the wrong claimant can sink the case.
What damages are recoverable
California wrongful death damages fall into two categories.
Economic damages. The financial support the deceased would have provided to the family over their remaining life expectancy. The value of household services they performed (childcare, cooking, home maintenance, eldercare). Funeral and burial expenses.
Calculating economic damages requires economists, particularly for the lost financial support component. We project earnings over the deceased's working life, account for taxes, benefits, and personal consumption, and present a present value figure.
Non economic damages. The loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. For surviving spouses and partners, the loss of intimacy. California courts have recognized these as real and substantial losses, not soft damages.
The detail on damages categories generally is in what compensation injury victims can recover. Wrongful death damages overlap with personal injury damages but follow different rules in specific areas.
Survival actions
Separate from wrongful death, California's survival statute (Code of Civil Procedure section 377.30) lets the deceased's estate bring claims the deceased could have brought if they had lived. The most important category is pain and suffering between the moment of injury and the moment of death. Punitive damages, if available, also belong to the estate rather than the family.
Survival and wrongful death actions are usually prosecuted together. The wrongful death action is brought by the family members; the survival action is brought by the personal representative of the estate. Coordinating them properly is part of competent representation.
Statutes of limitations
The general deadline for wrongful death is two years from the date of death. Government entity claims require a written notice within six months under the Government Claims Act. Medical malpractice wrongful death claims have specific deadlines under MICRA. We discuss the broader deadline framework in California's statute of limitations for injury claims.
The process
The procedural lifecycle of a wrongful death case is similar to other injury cases. Investigation, demand, suit, discovery, mediation, and either settlement or trial. The differences are emotional more than procedural. Depositions of family members are difficult. Reviewing evidence about the death is harder still. A good lawyer paces the work to respect the family's needs.
The general process is covered in how personal injury claims work. The decision to retain a lawyer in the first place, including for wrongful death cases, is addressed in signs you need a personal injury lawyer.
Settlement and probate
Wrongful death settlements involving minor children require court approval and are paid into structured arrangements that protect the funds until the child reaches majority. Estate proceeds from survival actions go through probate. Both processes are routine, but they add steps to the timeline.
What we tell families
No result restores what has been lost. The legal process is not closure. What it can do, when handled well, is hold the responsible parties accountable and provide the family with the financial resources to move forward.
If you have lost a family member because of someone else's negligence in California, reach Jennie Levin through our contact page, or learn more about our wrongful death practice.