California wrongful-death law: 2-year deadline from date of death.

How California wrongful-death law works

Wrongful-death actions in California are statutory remedies, distinct from personal-injury claims the decedent could have brought while alive. A separate "survival action" may also exist to recover damages the decedent suffered between injury and death.

The most common factual settings for California wrongful-death cases are fatal motor-vehicle crashes, premises-liability falls and asphyxiations, medical-malpractice fatalities, workplace fatalities (often subject to workers' compensation exclusivity, with third-party suits available against non-employer defendants), and product-liability deaths.

Who can sue under California\'s wrongful-death statute

Standing to bring a California wrongful-death claim is limited to the persons listed in the statute. Other relatives , even those emotionally close to the decedent , generally have no claim unless they meet a statutory definition (e.g., dependent for support).

Damages recoverable in a California wrongful-death case

A California wrongful-death verdict allocates damages among the statutory beneficiaries. The trial court typically apportions the award based on the financial dependency each beneficiary had on the decedent, with the surviving spouse and dependent children receiving the majority share.

For wrongful-death claims arising from medical malpractice, California caps non-economic damages at $350,000 (Cal. Civ. Code § 3333.2 (MICRA, raised by AB 35 effective 2023)). The cap applies per claim, not per beneficiary.

Survival actions: the decedent\'s own claim

A California fatal-accident case typically has two prongs: a survival action for the decedent's pre-death damages and a wrongful-death action for the survivors' losses. Both are usually filed together but tried under separate substantive rules.

Settlement and probate-court approval

California wrongful-death settlements typically require court approval, especially when minor beneficiaries are involved. The probate court reviews the settlement allocation among statutory beneficiaries and may appoint a guardian ad litem to represent any minor's interest.

Evidence preservation in California wrongful-death cases

In California, the evidentiary burden in a contested personal-injury case is borne by the plaintiff. That practical reality drives the procedural strategy: secure medical records via written authorizations on day one, preserve physical evidence with chain-of-custody documentation, depose witnesses while memories are fresh, and use the formal discovery tools (interrogatories, requests for production, depositions) aggressively. Defendants in California routinely file motions for summary judgment based on evidentiary gaps; the plaintiff who has built a complete record from the start is the one who survives those motions.

How long does a California wrongful-death case take?

California cases settle in three predictable phases: (1) pre-treatment, in which medical care is the priority and no demand is yet appropriate; (2) post-MMI demand, in which a comprehensive demand package is sent and the carrier has 30-60 days to respond; (3) litigation, if pre-suit negotiation fails. The vast majority of California cases resolve in phase 2; only a small fraction reach trial. Settlement values rise as the case advances through these phases because the defense's cost of trial increases.

Common factual patterns in California wrongful-death litigation

Pattern: a California pedestrian is struck in a crosswalk by a delivery van whose driver was looking at a phone. The defendant carries the minimum California liability policy of $25,000. The plaintiff's UM/UIM coverage on their own policy is $300,000 stacked across three vehicles. The eventual recovery in such cases typically maxes out the defendant's liability and then taps the plaintiff's UIM for the balance, with a coordinated release between the two carriers to avoid coverage disputes.

Mistakes that reduce wrongful-death case value

Three avoidable errors recur in California personal-injury cases: settling the property-damage claim without coordinating release language, missing the pre-suit notice deadline for any government-defendant component of the case, and undervaluing future-medical damages because the plaintiff did not get a life-care plan or a vocational expert. Each of these errors can transform a high-value case into a low-value one.

California wrongful-death FAQ

How long do I have to file a wrongful-death claim in California?

2 years from the date of death, under Cal. Civ. Proc. Code § 335.1 (PI), § 340.5 (medmal). The deadline runs from death, not from the underlying injury date.

Who is entitled to recover in a California wrongful-death case?

Generally the personal representative of the estate sues on behalf of statutory beneficiaries , typically the surviving spouse, children, and parents. Specific eligibility depends on the California statute and the family configuration.

Can I bring both a survival action and a wrongful-death claim?

Yes, in most California cases. The survival action recovers the decedent\'s pre-death damages (medical bills, lost wages, pain and suffering before death); the wrongful-death claim recovers the survivors\' losses. Both are typically filed together by the personal representative.

Does California\'s comparative-fault rule apply to wrongful-death cases?

Yes. California\'s pure rule applies to wrongful-death claims. The decedent\'s percentage of fault (e.g., if they were partially at fault in a fatal collision) reduces or bars recovery just as it would in a personal-injury case.

Are punitive damages available in California wrongful-death cases?

Some California statutes allow punitive damages in wrongful-death cases when the conduct was particularly egregious; others do not. Check the statute and recent appellate decisions.

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