When a person dies due to another party's negligence or wrongful conduct, California law allows certain family members to pursue a wrongful death claim. This educational overview examines the legal framework governing wrongful death cases in California.
Educational Notice: This content provides general educational information about wrongful death claims in California. It is not legal advice. Families dealing with the loss of a loved one due to potential negligence should consult with licensed attorneys for guidance specific to their situation.
Legal Basis for Wrongful Death Claims
California's wrongful death statute (Code of Civil Procedure section 377.60) allows recovery when a person's death is caused by the "wrongful act or neglect of another." This legal framework encompasses deaths resulting from:
- Motor vehicle accidents caused by negligent drivers
- Medical malpractice
- Dangerous property conditions
- Defective products
- Workplace accidents
- Criminal acts
The same negligence principles that apply to personal injury claims generally apply to wrongful death cases, with the key difference being that the injured party did not survive.
Who May File a Wrongful Death Claim
California law specifies who has standing to bring a wrongful death claim:
Primary Beneficiaries: The surviving spouse, domestic partner, and children of the deceased have priority standing to file wrongful death claims.
Secondary Beneficiaries: If there are no surviving spouse, domestic partner, or children, other individuals who would be entitled to the deceased's property by intestate succession may file. This may include parents, siblings, or other relatives depending on the circumstances.
Putative Spouses: A person who believed in good faith that they were married to the deceased may have standing.
Stepchildren: Stepchildren may have standing if they were dependent on the deceased.
Minor Dependents: Minors who lived in the deceased's household for at least 180 days before death and were dependent on the deceased for at least 50% of their support may have standing.
Types of Damages in Wrongful Death Cases
California wrongful death claims allow recovery for the losses suffered by surviving family members:
Economic Damages: These include the financial contributions the deceased would have made to the family, including lost income, benefits, and household services. The value of these losses is typically calculated over the deceased's expected remaining work life and life expectancy.
Non-Economic Damages: These compensate for intangible losses such as loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and guidance that the deceased would have provided.
Funeral and Burial Expenses: Reasonable funeral and burial costs may be recovered.
Note that California wrongful death claims generally do not allow recovery for the pain and suffering the deceased experienced before death. Those damages may be recoverable through a separate survival action.
Survival Actions Distinguished
In addition to wrongful death claims, California law allows "survival actions" that pursue damages the deceased could have claimed if they had survived:
Survival actions (Code of Civil Procedure section 377.30) may include recovery for the deceased's pain and suffering before death, medical expenses incurred before death, and lost earnings from the time of injury to death. These claims are brought by the deceased's estate rather than individual family members.
Wrongful death claims and survival actions are legally distinct and may be brought together or separately.
Statute of Limitations
In California, the statute of limitations for wrongful death claims is generally two years from the date of death (Code of Civil Procedure section 335.1). However, various factors can affect this deadline:
Government Entities: Claims against government entities require filing a government claim within six months of death, with limited exceptions.
Discovery Rule: In some cases, the statute may be tolled if the cause of death was not immediately discoverable.
Medical Malpractice: Wrongful death claims based on medical malpractice may have different limitations periods under certain circumstances.
Factors Typically Considered in Case Evaluation
Legal professionals commonly consider several factors when evaluating wrongful death claims:
Liability Strength: The clarity of fault and available evidence supporting negligence claims.
Deceased's Earning Capacity: Age, occupation, income history, and career trajectory affect economic damage calculations.
Relationship Quality: The nature and closeness of relationships between the deceased and surviving family members.
Dependent Status: Whether survivors were financially dependent on the deceased.
Available Insurance: The defendant's insurance coverage and assets affect potential recovery.
Expert Testimony in Wrongful Death Cases
Wrongful death cases often involve various types of expert testimony:
Economists: Calculate the present value of future lost earnings and household services.
Vocational Experts: Assess the deceased's earning capacity and career trajectory.
Mental Health Professionals: May testify regarding the psychological impact of loss on survivors.
Medical Experts: Address causation and the circumstances of death.
Disclaimer: This educational content provides general information about wrongful death claims in California. Every case involves unique circumstances. Families who have lost a loved one due to potential negligence should consult with licensed attorneys for guidance specific to their situation.
