California Wrongful Death Law: Understanding Your Rights After a Loss

Losing a loved one is devastating. If someone else's negligence caused their death, you may have legal options. Learn how wrongful death claims work in California and what steps to take next. Schedule your free consultation with Countrywide Trial Lawyers today.

What Is Wrongful Death Under California Law?

When someone dies because of another person’s careless or intentional actions, it may be considered a wrongful death under California law. This can happen in many ways: car crashes, medical malpractice, workplace accidents, or even criminal acts. The law allows surviving family members to pursue financial compensation through a civil claim.

It’s important to know this isn’t a criminal case. A wrongful death lawsuit won’t result in jail time for the at-fault party, but it can bring justice in the form of financial relief and accountability.

We understand that no amount of money can replace someone you love. But compensation can help ease the financial burden and give you the space to grieve.

Common Causes of Wrongful Death in California

California sees thousands of wrongful death cases every year. Some of the most common causes include:

• Motor vehicle accidents, especially involving reckless or drunk drivers
• Pedestrian and bicycle accidents
• Motorcycle collisions
• Medical errors or misdiagnosis
• Construction or workplace accidents
• Defective products or dangerous drugs
• Acts of violence or assault

In many of these cases, someone failed to take reasonable precautions, and your loved one paid the price.

Who Can File a Wrongful Death Claim in California?

Not just anyone can file a wrongful death lawsuit. California law is specific about who has legal standing. The following individuals may be eligible:

• The decedent’s spouse or domestic partner
• The children of the deceased
• If there are no direct descendants, then possibly the parents, stepchildren, or those who would inherit under California’s intestate succession laws

If you’re not sure whether you qualify, an experienced California wrongful death attorney can help review your situation and explain your rights.

What Compensation Can Be Recovered?

A wrongful death claim allows surviving family members to seek financial compensation for both economic and non-economic losses. That may include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Loss of financial support that the deceased would have provided
• Loss of household services
• Loss of love, companionship, and guidance
• Emotional distress in some cases

Every situation is different. The amount you can recover depends on the specifics of the case, including the person’s age, income, and the extent of your emotional and financial loss.

How Long Do You Have to File a Claim?

Under California law, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. If you miss that deadline, you could lose the right to seek justice altogether.

There are a few exceptions. For example, if the death was due to medical malpractice or involved a government agency. But generally, the clock starts ticking immediately.

Speaking with an attorney as soon as possible helps ensure you don’t miss critical deadlines or lose important evidence.

How Fault and Liability Are Determined

To succeed in a wrongful death case, you must show that someone else was legally responsible for the death. That often means proving:

• The person owed a duty of care (like a driver, doctor, or employer)
• They breached that duty by acting negligently or wrongfully
• That breach directly caused the death
• You suffered measurable damages as a result

California follows a comparative negligence rule, meaning even if your loved one was partially at fault, you can still recover a portion of the damages.

In complex cases (like multi-car collisions or medical errors), legal teams often work with expert witnesses to prove how the death occurred and who is responsible.

How Wrongful Death Claims Differ from Survival Actions

Many families don’t realize that California law allows for two types of civil claims after someone dies:

1. A wrongful death claim, filed by the surviving family for their losses
2. A survival action, brought on behalf of the deceased’s estate for losses suffered before death (such as pain and suffering, or lost wages between the injury and death)

These are separate but often filed together. A qualified attorney will help determine what’s appropriate in your case.

What If Criminal Charges Are Involved?

Sometimes, the at-fault party may face criminal prosecution, for example, if they were driving under the influence or committed an intentional act of violence.

But wrongful death lawsuits are independent of criminal cases. Even if the person isn’t charged or convicted, you can still bring a civil claim.

The burden of proof is lower in civil court than in criminal trials. This means you may still win compensation even if the state does not win a criminal conviction.

How an Attorney Can Support You During This Time

Wrongful death cases can be emotionally and legally complex. You're already navigating the worst kind of loss; the last thing you need is to face insurance companies or legal red tape alone.

An experienced attorney can:

• Investigate the cause of death
• Gather critical evidence
• Handle communications with insurers and other parties
• Calculate full and fair damages
• Represent you in negotiations or court
• Give your family the support you need during a difficult time

This isn’t just a legal issue, it’s personal. Your family deserves closure, accountability, and a clear path forward.

Talk to a California Wrongful Death Lawyer Today

We understand that no amount of compensation can bring back someone you love. But holding the responsible party accountable can give your family a sense of justice and the resources to move forward.

At Countrywide Trial Lawyers, we handle wrongful death claims with compassion, professionalism, and the determination to get real results for grieving families. We’ve helped clients throughout California recover the compensation they deserve, and we’re here to help you, too.

Call us today at 801-500-4000 or schedule your free consultation.