Wrongful Death

Under California law, a wrongful death claim may arise when a person's death is caused by another party's wrongful act or neglect.

A claim may involve negligent conduct, an intentional wrongful act, or another legally recognized basis for responsibility. The circumstances must support the elements required by the applicable law.

A death does not automatically create a wrongful death claim merely because it was unexpected or occurred during an accident. Legal responsibility and causation must be established.

Wrongful death claims are civil actions. They are distinct from criminal proceedings, although the same underlying incident may sometimes give rise to both.

The purpose of a wrongful death claim is to address certain legally recognized losses suffered by eligible surviving family members.

California law identifies which surviving individuals may pursue a wrongful death claim.

Eligible claimants commonly include:

• A surviving spouse
• A surviving registered domestic partner
• Children of the deceased person
• Descendants of deceased children
• Certain other relatives who qualify under California's inheritance rules
• Certain financially dependent individuals who meet statutory requirements

Eligibility is governed by California Code of Civil Procedure section 377.60 and depends on the particular family circumstances.

Not every relative or person who had a close relationship with the deceased automatically qualifies to bring a wrongful death action.

California also has procedural rules concerning the participation of eligible heirs and the handling of wrongful death claims involving multiple beneficiaries.

Determining who has standing to pursue a claim is therefore an important early consideration.

Wrongful death claims can arise from different types of incidents when the evidence supports legal responsibility for the death.

Examples may include:

• Motor vehicle collisions: Fatal accidents involving passenger vehicles, commercial trucks, motorcycles, or other roadway users.
• Dangerous property conditions: Fatal injuries associated with unsafe premises where the responsible party breached an applicable duty of care.
• Negligent acts or omissions: Conduct that creates an unreasonable risk of harm and legally causes a person's death.
• Defective products or equipment: Fatal injuries involving products that are defective under applicable product liability law.
• Assaults or other intentional wrongful conduct: Certain fatal incidents involving intentional acts, subject to the applicable legal requirements.
• Other serious incidents: Circumstances involving a legally recognized basis for liability and evidence connecting the wrongful conduct to the death.

The circumstances of the incident determine which legal theories may apply.

A wrongful death claim requires evidence establishing a legally recognized basis for holding another party responsible for the death.

In a negligence-based case, the analysis generally involves whether the defendant owed a relevant duty of care, breached that duty, and caused the death.

Other legal theories may involve different requirements.

Evidence can include accident reports, photographs, witness statements, surveillance recordings, medical and investigative records, and expert evaluations where appropriate.

Some cases involve disputed causation, multiple potentially responsible parties, or conflicting accounts of how the incident occurred.

The legal analysis must connect the alleged wrongful conduct to the death rather than relying solely on the seriousness of the event.

California wrongful death law recognizes certain financial and nonfinancial losses suffered by eligible survivors.

Depending on the circumstances, recoverable economic losses may include:

• Financial support the deceased person would reasonably have provided
• Loss of household services
• Certain funeral and burial expenses
• Other qualifying financial losses supported by the evidence

Recoverable noneconomic losses may include the loss of the deceased person's love, companionship, comfort, care, assistance, protection, affection, and guidance, as applicable to the eligible claimant.

California law distinguishes these compensable losses from grief, sorrow, and mental anguish themselves, which generally are not separately recoverable as wrongful death damages.

The assessment of damages may require examination of the deceased person's age, health, employment, financial contributions, family relationships, and other relevant circumstances.

The damages available depend on the applicable law and supporting evidence. No particular recovery can be assumed.

A wrongful death claim and a survival action may arise from the same incident, but they address different legal interests.

A wrongful death claim belongs to eligible surviving family members and concerns their legally recognized losses resulting from the death.

A survival action generally concerns a legal claim that belonged to the deceased person before death and may be pursued by the appropriate personal representative or successor in interest.

The parties entitled to bring these actions, the available damages, and the applicable procedural requirements can differ.

Depending on the circumstances, both types of claims may be relevant. However, pursuing one does not automatically establish entitlement to the other.

California law governing damages in survival actions has changed over time, including rules concerning recovery for a deceased person's predeath pain and suffering. The law applicable to a particular action must be evaluated based on the relevant dates and statutory provisions.

California generally provides a two-year limitations period for many wrongful death lawsuits, often measured from the date of death.

However, different deadlines or special rules may apply depending on the circumstances, including claims involving public entities, professional negligence, and other statutory provisions.

Claims against public entities may require an administrative claim substantially earlier than the ordinary lawsuit deadline, often within six months of accrual.

An early evaluation can also help identify relevant evidence before it becomes unavailable.

Potentially important information may include investigative reports, witness accounts, photographs, medical records, insurance information, and documentation of the deceased person's financial and household contributions.

The applicable deadlines and evidence requirements should be assessed according to the facts of the particular case.