A Complete Guide to Wrongful Death Laws in California

Navigating the wrongful death of a loved one can be incredibly painful, frustrating, and stressful. For many families and dependents, wrongful death laws provide necessary protection and a means to recover compensation that they otherwise would have received from their loved one. During the difficult weeks and months following a wrongful death – a death caused by someone else’s reckless, neglectful, or intentional action – it’s important to seek the counsel of an attorney experienced in wrongful death lawsuit cases.

Thompson Law has worked diligently to recover millions in damages for wrongful death claims like yours. We know just how important it is to be informed about your options. One of the first things you can do to pursue a wrongful death claim in California is learn about how the process works. Let’s take a look.

What Is “Wrongful Death” in California?

According to California Code of Civil Procedure (CCP) §377.60, the term “wrongful death” refers to a cause of action for the death of a person caused by the wrongful act or neglect of another entity.

A wrongful act, in this case, can refer to intentional or malicious acts of wrongdoing, such as battery, physical assault, or homicide. On the other hand, neglect describes a failure to exercise reasonable care, regardless of whether it was intentional. Wrongful death claims in California can also be brought after an act of medical malpractice that leads to the death of a patient.

In a wrongful death lawsuit, certain surviving family members or personal representatives of the deceased person (decedent) can assert a wrongful death in pursuit of damages (compensation).

Filing a wrongful death claim requires some kind of proof that one or more defendants are responsible for causing the fatal illness, incident, or injury that took a person’s life. But that doesn’t mean that plaintiffs need to prove that the defendant meant to kill the victim – proof of negligence can also be a valid reason to pursue a lawsuit.

Differences Between a Wrongful Death Lawsuit and a Criminal Homicide Case

Wrongful death lawsuits are civil, not criminal, cases. At first glance, they seem to have a lot in common with criminal homicide cases. However, though both types of cases address the death of an individual caused by another party, they have some key differences.

Take a look at some more key differences between these two types of cases:

The most significant is the type of law they rely on. A wrongful death lawsuit is governed by civil law, such as the California Code of Civil Procedure §377.60. Homicide cases, however, are governed by criminal statutes, like laws surrounding murder, manslaughter, or vehicular homicide.

Another area where these two differ is their outcomes. In a wrongful death case, the goal is to achieve financial recovery for the affected individual(s) and their families. In a criminal case, the act is viewed as a crime not against an individual but against society at large. As such, the outcome is some sort of legal repercussion, like fines, probation time, or imprisonment. That said, it is still possible that a criminal court may require a convicted defendant to pay restitution to a deceased defendant’s estate or surviving family.

Burden of Proof

A burden of proof refers to a party’s obligation to prove their assertions. In legal disputes, the plaintiff has the burden of proof to demonstrate that they are correct. The other party has no such burden, however, and is presumed to be correct.

For wrongful death cases, the standard for the burden of proof is fairly low relative to other cases, such as criminal ones. It relies on the preponderance of the evidence, a legal standard that states that the burden of proof is met when the burdened party convinces the trier of fact that there is a greater than 50% chance the claim is true.

For homicide cases, the standard for the burden of proof is much higher. Because the defendant’s liberty or life is at stake, prosecutors have to provide evidence that’s strong enough to prove the defendant’s guilt beyond a reasonable doubt. Homicide cases are criminal in nature, which makes them different from civil cases brought for wrongful death.

Independent Proceedings

Because wrongful death cases are civil and homicide cases are criminal, they can occur at the same time. When this occurs – the same incident leads to both a wrongful death and homicide case –  they’re known as parallel cases.

On an individual level, though, these two types of cases have distinct legal proceedings.

For a wrongful death case, legal proceedings are initiated by the deceased’s estate or family. The proceedings focus on proving liability and calculating damages to award to the plaintiffs. The defendant may be held liable for negligent or intentional acts.

A homicide case is initiated not by its victim(s) but by the government, specifically the district attorney’s office. Legal proceedings for homicide cases focus on proving intent, recklessness, or criminal negligence. These cases can move forward even if a victim’s family doesn’t want to press charges.

Who Can File a California Wrongful Death Lawsuit?

All of the factors related to filing a wrongful death claim can be complicated. Fortunately, California law makes it simple to understand who is allowed to file a wrongful death lawsuit.

California Code of Civil Procedure §377.60-377.62 lists the following entities as eligible claimants who can file on behalf of one or more beneficiaries:

1. A surviving spouse or domestic partner
2. Any surviving children
3. Issue (children and descendants)
4. Anyone who is entitled to the decedent’s property by the laws of intestate succession. “Intestate” means the decedent, the person who died, didn’t leave a will.
5. If they were dependent on the defendant: a putative spouse (surviving spouse of a void or voidable marriage), children of a putative spouse, stepchildren, or parents and legal guardians
6. A minor who, regardless of whether they qualified under earlier subdivisions, at the time of death, had resided in the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support

The wrongful death statute also states that a personal representative or administrator of the deceased person’s estate can also file a wrongful death claim. Courts can appoint such a person if the deceased did not name a representative in a will that was left behind.

When Is a Wrongdoer Liable for the Death?

Since proof of intent to kill the victim isn’t required for a person to file a wrongful death claim, sometimes it’s necessary to prove that negligence caused the death. If recklessness or intentional acts did not lead to the cause of death, then a negligent act could be to blame.

Proving Negligence

Establishing negligence in a wrongful death case requires proof of the following four elements:

1. Duty of Care: The defendant had a legal obligation to act with a certain level of care to prevent harm. There must be clear evidence the defendant owed this duty of care.
2. Breach of Duty: The defendant failed to meet the standard of care. A wrongful death case requires evidence the defendant violated their duty of care through a negligent act or omission.
3. Causation: The defendant’s breach directly caused the plaintiff’s death. There must be a clear causal connection between the breach of duty and the victim’s fatal injury(ies).
4. Damages: The plaintiff’s family must have suffered real, calculable damages due to the death of their loved one. For example, the family may show that the decedent was the breadwinner of the family, and the family relied on their financial support.

If each of these elements is proven, the wrongdoing party may be held liable.

Examples of Liability

Common types of liability that apply in wrongful death lawsuits in California include strict liability, premise liability, and product liability. Here are some common examples of causes of wrongful deaths in California:

• Automobile or DUI accidents
• Slip and fall accidents
• Defective product accidents
• Swimming pool accidents
• Medical malpractice
• Criminal activity
• Workplace accidents
• Construction or industrial accidents

Damages Recoverable in a California Wrongful Death Claim

The goal of a wrongful death claim is to allow surviving family members or dependents to seek compensation (damages) for the financial and emotional losses they’ve experienced as a result of a loved one’s death.

Those damages can be sorted into two main categories: economic losses and non-economic losses.

Economic Damages

Economic damages are tangible and measurable financial losses that are directly caused by the decedent’s death.

Common examples of economic damages in wrongful death cases include:

• Financial support. This includes income and benefits the decedent would have provided to their dependents had they lived.
• Loss of gifts or benefits. These cover the value of gifts or benefits the family would have reasonably expected to receive had the decedent lived.
• Funeral and burial expenses. This could include things like the cost of funeral services, burial plots, etc.

Non-Economic Damages

These damages compensate for the intangible emotional or psychological losses suffered by dependents or family members. Some common examples of non-economic damages in wrongful death cases include:

• Emotional distress
• Loss of love, companionship, and affection
• Loss of guidance
• Loss of consortium or marital relationship benefits

Punitive Damages

In most wrongful death claims, punitive damages are not awarded. Punitive damages are designed to punish the defendant for particularly malicious or egregious behavior. However, punitive damages may be available in a related survival action.

Loss of Expected Earnings in a California Wrongful Death Claim

In a California wrongful death claim, courts calculate the loss of expected earnings – AKA, the loss of financial support – so they can fairly compensate surviving family members for the income the deceased would have provided. Let’s take a look at how those calculations happen.

Financial Dependency

Financial dependency refers to the extent to which surviving dependents or family members relied on the decedent’s income and financial support. Establishing financial dependency involves several steps, including:

• Identifying dependents, like spouses or children
• Considering living arrangements, the age and capability of defendants, and non-monetary contributions made by the decedent (such as childcare)
• Determining the duration of dependency
• Securing documentation of dependency, such as federal tax returns

In wrongful death claims, dependents are only entitled to the portion of lost earnings that would have been used to directly support them.

Factors in Calculation

Other factors that may be considered during the calculation of earnings or loss of expected earnings include:

• Employment history and earning capacity of the defendants
• Decedent’s age and life expectancy
• Economic trends and inflation
• Expert testimony, which may help courts develop accurate estimations of lost earnings

How Is a “Survival” Action Different?

A survival action is a type of legal claim that allows the successors or estate of a deceased person to seek compensation for damages that the deceased could have pursued had they survived. In other words, a survival action focuses on addressing losses and injuries the deceased experienced before their death.

For survival actions, a personal representative of the decedent’s estate – such as an executor or administrator – can file the action. If no such representative exists, the successor interest (such as an heir or beneficiary) can file instead.

Like a wrongful death claim, a survival action aims to recover damages. But instead of recovering damages for the family or dependents, it recovers damages the deceased would have been entitled to, such as:

• Economic damages, like medical expenses or lost wages
• Non-economic damages, like pain and suffering*
• Punitive damages, which may be awarded if the deceased would have been entitled to them (in cases involving egregious or intentional misconduct by the defendant)

*In California, as of January 1, 2022, recovery for pain and suffering is now allowed in survival actions for certain cases. California CCP §377.34(b) allows recovery for pain, suffering, and disfigurement so long as the action is filed before January 1, 2026.

California Wrongful Death Statute of Limitations

The statute of limitations for an incident is the timeline in which legal proceedings must take place. For a wrongful death case, the statute of limitations in California is two years from the date of the decedent’s death (California CCP §335.1). However, there are some exceptions and circumstances that can alter this timeframe.

Exceptions to the Statute of Limitations

In cases where the cause of death is not immediately known, the discovery rule, or delayed discovery of negligence, may apply. The discovery rule states that the statute of limitations for a wrongful death claim may begin when the cause of death is discovered or reasonably should have been discovered.

Another exception occurs when a government entity is involved in a wrongful death claim. If a government entity is responsible for a wrongful death, a claim must be filed with the appropriate government agency within six months of the date of the death. If that claim gets denied, the plaintiff has another six months from the denial date to file a lawsuit.

Medical malpractice cases also may be exempt from the normal statute of limitations. These cases typically have a time limit of three years from the date of death or one year from when the cause of death was discovered, whichever comes first.

When Should You Contact an Attorney for a Wrongful Death Claim?

It’s always best to contact an attorney for a wrongful death claim as soon as possible after the wrongful death of a loved one. Seeking legal representation early helps you protect your rights, preserve important evidence, and maximize your chances of getting the compensation you deserve.

Memories fade, and physical evidence can be lost. Acting fast ensures you secure key evidence and avoid mistakes that could hurt your case down the road. This is especially true in situations where legal proceedings can be complicated, such as cases where:

• Liability is disputed
• Death is caused by negligence or misconduct
• Insurance companies are involved
• There is a dispute among family members or heirs regarding how to distribute damages
• Situations where multiple parties, including witnesses and defendants, are involved

How Thompson Law Can Help

Thompson Law helps families in wrongful death cases by providing comprehensive legal support, from proving liability to negotiating with insurance providers. Our goal is to help you secure the maximum compensation possible for your claim.

Our results speak for themselves – we’ve earned upwards of $5 million for dozens of individual wrongful death cases and their plaintiffs. Plus, our contingency fee model eliminates upfront costs and ensures you only pay if we win money for you.

Contact Thompson Law Today

Don’t wait to act when it comes to a wrongful death claim in California. Get support during a challenging time and guidance through each step of the wrongful death lawsuit process with the compassionate, qualified experts at Thompson Law.

Reach out to us today for a free consultation to review your case and help you navigate through wrongful death laws in California.