Understanding Wrongful Death Actions in California
Justice for Families After a Tragic Loss
In California, families who lose a loved one due to the negligent, reckless, or intentional conduct of another party may pursue a wrongful death action under California Code of Civil Procedure (CCP) § 377.60. This type of civil lawsuit is designed to compensate survivors for the tangible and intangible losses they suffer as a result of their loved one’s death.
The Law Offices of Ali Taheripour, based in California, offers compassionate and experienced legal representation for wrongful death cases involving car accidents, excessive force by law enforcement, premises liability, and other causes. We are here to help you navigate the civil justice system during one of the most difficult times of your life.
Common Causes of Wrongful Death in California
A wrongful death claim can arise from a wide range of incidents, including:
- Motor vehicle accidents
- Police misconduct and use of excessive force
- Unsafe property conditions (premises liability)
- Nursing home or elder abuse
- Defective or dangerous products (product liability)
- Violent criminal acts, such as assault or murder
Importantly, a civil wrongful death action is distinct from any criminal prosecution related to the death. A family can file a civil claim even if no criminal charges are brought, or if the accused is acquitted.
Who Can File a Wrongful Death Lawsuit in California?
California law outlines a specific list of individuals who are eligible to bring a wrongful death claim:
- The decedent’s spouse or domestic partner
- The decedent’s children
- The decedent’s parents, especially if dependent
- A legally appointed personal representative of the estate
In some cases, other dependents—such as grandchildren (if the children of the deceased are deceased), siblings, or others financially dependent on the decedent—may also have legal standing under Code of Civil Procedure (CCP) § 377.60.
Wrongful Death vs. Survival Actions
There are two types of civil claims that may follow a death:
Wrongful Death Claims
These are brought by surviving family members to seek compensation for their own losses—such as emotional suffering, loss of companionship, and financial support.
Survival Claims
These are brought under CCP § 377.30 to recover damages that the decedent could have claimed had they survived. This includes medical expenses, and lost income. It is important to note that California Senate Bill 447 had temporarily allowed for recovery of pre-death pain and suffering if the death occurred between January 1, 2022 and January 1, 2026. However, SB 447 has expired as of January 1, 2026.
Damages Available in a California Wrongful Death Case
Plaintiffs may be eligible to recover:
Economic Damages
- Loss of future income and financial support
- Medical and hospital bills incurred before death
- Funeral and burial expenses
- Loss of household services
Non-Economic Damages
- Loss of love, companionship, and moral support
- Loss of consortium and guidance
- Emotional suffering of surviving family members
Punitive Damages
In general, punitive damages are rare. However, they may apply in wrongful death cases, where there is evidence of extreme wrongdoing.
Time Limits: How Long Do You Have to File?
Most wrongful death lawsuits in California must be filed within two years from the date of death. However, exceptions exist:
- Claims against government agencies may have a deadline of just six months, as well as some administrative procedural steps to perform before being eligible to file a lawsuit
- Medical malpractice cases typically have a three-year deadline—or one year from the date the injury was discovered
Failure to file within these time limits can result in losing the right to seek compensation.
Contact The Law Offices of Ali Taheripour Today
At the Law Offices of Ali Taheripour, we understand the emotional and financial toll of losing a loved one unexpectedly. While no amount of compensation can undo your loss, a successful wrongful death claim may help ease the financial burden and provide a sense of justice.
If your loved one’s death was caused by someone else's negligence or intentional wrongdoing, contact us today for a consultation.