Losing a loved one is one of the most painful experiences anyone can endure. When that loss is caused by someone else’s negligence or wrongdoing, it’s known as a “wrongful death”. In California, some of the rights associated with a wrongful death are defined under California Code of Civil Procedure § 377.60, which allows certain family members to seek compensation for their losses.
Grieving families often face both emotional and financial burdens, and understanding your legal options can be a crucial step toward healing. This guide will explain who can file a wrongful death claim in California, the types of damages you can recover, and how Law GBG can help.
What Constitutes a Wrongful Death?
In California, a wrongful death occurs when a person dies as a direct result of another’s negligent, careless, reckless, or intentional behavior. The law, specifically California Code of Civil Procedure § 377.60, allows surviving loved ones to file a civil lawsuit in response for damages.
Wrongful death claims often stem from tragic situations like fatal car accidents, workplace incidents, medical mistakes, or even violent crimes. Regardless of the cause, these cases are rooted in the same legal principle: the death would not have happened if someone had acted responsibly.
Who Can File a Wrongful Death Claim in California?
Not every grieving friend or extended family member can bring a wrongful death lawsuit. California restricts eligibility to certain individuals who had a close or dependent relationship with the deceased. That includes spouses, domestic partners, and children. In some cases, others, like stepchildren or parents who depended financially on the deceased, may also qualify.
Timing is also crucial. Families generally have two years from the date of death to file a claim. Missing that deadline could mean forfeiting your right to recover compensation, no matter how strong your case might be. This SOL may be different depending on whether the at-fault party is the government or resulted from medical negligence, so it’s important to consult with a Wrongful Death lawyer to make sure you don’t lose your rights.
Recoverable Damages in California Wrongful Death Lawsuits
Families can recover various types of damages to help cope with their loss.
Financial (Economic) Damages
These cover real-world expenses and the support your loved one would have provided. That includes funeral costs, lost income, and the value of household services, like childcare, elder care, or even daily responsibilities the person handled. If your family has lost the person who held it together financially or practically, these damages are crucial.
Emotional (Non-Economic) Damages
These are about what can’t be measured in dollars: loss of companionship, love, guidance, and emotional support. California law recognizes that grief isn’t just emotional—it affects daily life, future plans, and family bonds.
Thanks to Senate Bill 447, families can now also pursue non-economic damages through survival actions, which address what the deceased experienced before passing.
Punitive Damages
In rare cases, usually when intentional or malicious acts are involved, punitive damages may be awarded. These don’t compensate the family directly; they exist to punish extreme wrongdoing.
Wrongful Death vs. Survival Action
Both wrongful death claims and survival actions can be part of a family’s legal recovery, but they serve different roles.
Wrongful death claims focus on the surviving family. They compensate for your personal losses, emotionally and financially. This is about what you’ve lost: a partner, a parent, a provider, or a protector.
Survival actions focus on what your loved one went through before they passed. This could include medical bills, lost wages during that period, and now, emotional suffering. These claims are filed on behalf of the deceased’s estate, not the individual family members.
Together, these claims tell the full story. One honors the life cut short. The other stands up for the family left behind.
Why Legal Help Makes a Difference
Wongful death cases are emotional and legally complex. You’re grieving, trying to hold your family together, and suddenly expected to navigate insurance claims, deadlines, and legal jargon. That’s not something you should face alone.
At Law GBG, we take on the legal burden so you don’t have to. From gathering evidence to calculating damages to handling every conversation with insurers or the other side, we manage it all with care, urgency, and experience.
These cases require more than paperwork. They need a strategy, compassion, and a team that understands both what you’ve lost and what you deserve. We’re here to make sure your family is protected, your voice is heard, and justice is pursued fully and fearlessly.
Taking the First Step
If you’ve lost a loved one due to someone else’s carelessness, you don’t have to carry the burden alone. California’s wrongful death laws are in place to protect families like yours, and GBG is here to help you use them.
Reach out today to schedule a free consultation. We’ll listen to your story, explain your rights, and help you take the next step forward—with compassion and strength on your side. At GBG, we make your fight our fight.