Losing a loved one due to another's negligence is devastating. California law provides specific rights and remedies for surviving families.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
California statute of limitations for wrongful death claims: 2 years from the date of death. Contact an attorney immediately.
Under Cal. Code Civ. Proc. § 377.60, surviving spouses, domestic partners, children, and other heirs who were dependent on the deceased can file wrongful death claims. California allows recovery for financial support, services, gifts, and 'love, companionship, comfort, affection, society, solace, and moral support' — a broader non-economic damages standard than many states.
California-Specific Tip
California allows wrongful death claims and survival actions simultaneously. The survival action (CCP § 377.30) recovers for the deceased's own pain, suffering, and losses before death. Both should be filed together by the same attorney.
📊 California allows both wrongful death claims and survival actions to be filed simultaneously — ask your attorney about both.
Contact a California wrongful death attorney immediately
Preserve all evidence related to the incident
Obtain the official death certificate
Document all expenses — medical, funeral, and burial
Do NOT accept any early settlement
Be aware of the 2-year statute of limitations running from the date of death
Ask your attorney about filing both a wrongful death claim AND a survival action
2 years from the date of death. California allows wrongful death claims and survival actions simultaneously. The survival action (CCP § 377.30) recovers for the deceased's own pain, suffering, and losses before death. Both should be filed together by the same attorney.
Under Cal. Code Civ. Proc. § 377.60, surviving spouses, domestic partners, children, and other heirs who were dependent on the deceased can file wrongful death claims. California allows recovery for financial support, services, gifts, and 'love, companionship, comfort, affection, society, solace, and moral support' — a broader non-economic damages standard than many states.
Under Cal. Code Civ. Proc. § 377.60, surviving spouses, domestic partners, children, and other heirs who were dependent on the deceased can file wrongful death claims. California allows recovery for financial support, services, gifts, and 'love, companionship, comfort, affection, society, solace, and moral support' — a broader non-economic damages standard than many states. Contact a California wrongful death attorney to confirm who has standing in your specific situation.
No upfront cost. Contingency fees — you only pay if you win.
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