California
California Wrongful Death Laws (2026): Deadlines & Who Can Sue
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 5 primary sources cited on this page. How we verify our legal content
When a California family loses a loved one because of someone else's negligence or wrongful act, state law lets certain survivors bring a wrongful death claim. It is a civil case, separate from any criminal prosecution, meant to compensate the family for the losses the death caused them. California sets its own deadline to file, decides who is allowed to sue, and defines the damages a court can award, and one important rule on survival damages changed in 2026. This guide explains those rules in plain language. It is general legal information and attorney advertising, not legal advice.
The deadline to file in California
The statute of limitations for a wrongful death claim in California is generally two years from the date of death, set by Code of Civil Procedure 335.1. This is the key deadline, and missing it almost always ends the case permanently. A critical exception applies when the responsible party is a government entity: under the Government Claims Act, you must first present a written claim to that entity within six months of the death, a much shorter and easily missed deadline. Medical-malpractice wrongful death claims also follow their own timing rules. These deadlines are strict and fact-specific, so have a California wrongful death lawyer confirm which one applies to your family in a free consultation (attorney advertising).
Who can file a wrongful death claim
California is a direct-standing state. Under Code of Civil Procedure 377.60, the eligible survivors themselves are the plaintiffs and sue in their own names, rather than going through a personal representative as some states require. Section 377.60(a) names the deceased person's surviving spouse, domestic partner, children, and the issue (such as grandchildren) of any deceased children.
The same subdivision then adds a second group, and the trigger is narrower than many summaries suggest. If there is no surviving issue of the deceased person, meaning no children, grandchildren, or other descendants, standing extends to the people who would be entitled to the deceased person's property under California's intestate succession rules. The statute states that this group includes the surviving spouse or domestic partner, so it opens even while a spouse is alive. In practice that means the parents or siblings of a married but childless decedent can be among the plaintiffs, because what matters is the absence of surviving issue, not the absence of a spouse.
The statute also extends standing to certain people who were financially dependent on the deceased, including a putative spouse and their children, stepchildren, parents, and in some cases a minor who lived in the household and depended on the deceased for support. Because only one wrongful death action may be brought, all eligible heirs are generally joined into a single case.
Wrongful death versus survival actions
Two different claims can arise from the same death in California. A wrongful death claim, under section 377.60, compensates the survivors for their own losses. A survival action, under Code of Civil Procedure 377.30 and 377.34, is brought by the deceased person's personal representative or successor in interest and continues the claim the deceased could have brought, such as their medical expenses and lost earnings before death, with any recovery belonging to the estate.
An important change took effect in 2026. A temporary law (SB 447) allowed survival actions to recover the deceased person's pre-death pain, suffering, or disfigurement, but only for cases granted trial preference before 2022 or filed on or after January 1, 2022, and before January 1, 2026. The Legislature did not extend that window, so for survival actions filed on or after January 1, 2026, those pre-death pain and suffering damages are no longer recoverable, and the survival action returns to economic losses only.
Damages you can recover
California wrongful death damages compensate the survivors for their losses. Economic damages cover the financial support the deceased would have provided, the value of lost household services, funeral and burial expenses, and the loss of gifts or benefits the survivors could have expected. Non-economic damages cover the loss of the deceased person's love, companionship, comfort, care, society, moral support, and, for a spouse, intimacy.
California draws an important line that surprises many families: a wrongful death plaintiff cannot recover for their own grief, sorrow, or mental anguish as a separate item of damages. The award compensates the value of what the survivors lost from the relationship, not their emotional suffering over the death itself. The deceased person's own pre-death pain runs through the survival action, which, as noted above, no longer allows pain and suffering for cases filed on or after January 1, 2026.
Damage caps and punitive damages
There is no general cap on wrongful death damages in California. The one major exception is medical malpractice: the Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in malpractice cases, with limits that increase annually under 2022 amendments, and that cap applies to a malpractice wrongful death. Outside of malpractice, compensatory damages are measured by the actual losses proven.
Punitive damages are generally not available in a California wrongful death claim itself. They may, however, be pursued through the survival action where the evidence shows oppression, fraud, or malice, allowing the estate to seek punitive damages that the deceased could have recovered.
How fault affects the claim
California follows pure comparative fault. If the person who died was partly responsible, the recovery is reduced by their percentage of fault, but it is never barred entirely no matter how large that share. For example, if a court finds the deceased 40 percent at fault, the survivors still recover 60 percent of their proven damages.
How proceeds are distributed
Wrongful death damages belong to the eligible heirs for their own losses, not to the deceased person's estate, so they are not used to pay the deceased person's debts. When more than one heir recovers, California law has the award distributed among them in proportion to their respective losses, either by agreement among the claimants or, if they cannot agree, as the court determines. Recovery in the separate survival action does belong to the estate and is distributed under the deceased person's will or California intestacy rules.
How to move forward
Losing a family member to someone else's wrongful act is devastating, and the legal deadlines do not pause for grief. The practical steps are to preserve records, including the death certificate, medical and accident records, and proof of the deceased person's earnings and the family's losses; to watch the six-month government-claim deadline if a public entity may be responsible; and to speak with a licensed California attorney promptly because of the filing deadlines. Most wrongful death attorneys offer a free consultation and work on a contingency basis, meaning no upfront fee and payment only out of any recovery. No outcome can be promised, and reading this does not create an attorney-client relationship.
Frequently Asked Questions
What is the deadline to file a wrongful death claim in California?
Generally two years from the date of death under Code of Civil Procedure 335.1. If a government entity may be responsible, you must first present a written claim to that entity within six months under the Government Claims Act, a much shorter deadline. Medical-malpractice deaths follow separate timing rules. Missing a deadline usually ends the case, so confirm the exact date with an attorney quickly.
Who can file a wrongful death lawsuit in California?
Under Code of Civil Procedure 377.60, eligible survivors sue directly. Subdivision (a) names the surviving spouse, domestic partner, children, and the issue of deceased children, and it adds that if there is no surviving issue of the deceased person, the people who would inherit by intestate succession may also sue, a group the statute says includes the surviving spouse or domestic partner. So the parents or siblings of a married but childless decedent can have standing. Certain financial dependents, such as a putative spouse, stepchildren, or parents, also qualify. No personal representative is needed to start the claim.
What damages can be recovered in a California wrongful death case?
Lost financial support, the value of lost household services, funeral and burial costs, and loss of the deceased person's love, companionship, comfort, society, and care. California does not allow recovery for the survivors' own grief, sorrow, or mental anguish as a separate item. The deceased person's pre-death losses run through a separate survival action.
Is there a cap on wrongful death damages in California?
There is no general cap on wrongful death damages. The main exception is medical malpractice, where the MICRA cap limits non-economic damages (with limits that rise annually under 2022 amendments). California uses pure comparative fault, so a partly at-fault decedent reduces but never bars recovery.
Updates
Corrected who may sue under Code of Civil Procedure 377.60: the intestate-succession class of plaintiffs opens when the deceased person left no surviving issue, not only when no spouse or child survives, so the parents or siblings of a married but childless decedent can have standing.
Updated a dead USA.gov citation link to its current URL.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Code of Civil Procedure
§ 377.60In forcecited in 2 of our articles
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents. (b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 173 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Giordano (California Supreme Court 2007, 68 Cal. Rptr. 3d 51)“…anding for certain persons to bring wrongful death actions, Code of Civil Procedure section 377.60, “is to enable the heirs and certain sp…”
- Boeken v. PHILIP MORRIS USA, INC. (California Supreme Court 2010, 48 Cal. 4th 788)“…laintiff then filed the present wrongful death action under Code of Civil Procedure section 377.60, again seeking compensation from Philip…”
- Ruiz v. Podolsky (California Supreme Court 2010, 50 Cal. 4th 838)“…se does not refer to wrongful death causes of action (see Code Civ. Proc., § 377.60) brought by persons who have not signe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in California (2026): Deadlines & Liability
§ 335.1In forcecited in 7 of our articles
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 320 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):California courts have applied Section 335.1's two-year period. Aguilera v. Heiman (2009) held it did not operate retroactively to revive a personal injury claim already barred under former Section 340(3). Pugliese v. Superior Court (2007) applied it to bar assault and battery counts, counting each incident separately.
Opinions citing this section in our collection:
- Quiroz v. Seventh Avenue Center (California Court of Appeal 2006, 45 Cal. Rptr. 3d 222)“…in opposition to the motion that the then recently enacted Code of Civil Procedure section 335.1, which provides for a two-year—instead…”
- Pugliese v. Superior Court (California Court of Appeal 2007, 53 Cal. Rptr. 3d 681)✓A wife sued her husband over roughly 15 years of domestic abuse. The court held 335.1 runs separately from each incident, so her assault and battery counts, last alleged act in 2001, were barred, though her emotional distress count and her domestic violence claim were timely.
- Aguilera v. Heiman (California Court of Appeal 2009, 174 Cal. App. 4th 590)✓A gutter installer hurt by a high voltage wire in 1997 sued the property manager in 2007. The court held 335.1's two-year period, effective January 1, 2003, did not operate retroactively to revive a claim already barred under the former one-year statute, and affirmed dismissal.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Dog Bite Laws: Liability and Victim Rights, California Car Accident Laws: Fault, Insurance, and Your Claim, California Motorcycle Accident Laws (2026): Deadlines & Helmets
§ 377.34In force
(a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement. (b) Notwithstanding subdivision (a), in an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 91 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Quiroz v. Seventh Avenue Center (California Court of Appeal 2006, 45 Cal. Rptr. 3d 222)“…ose not recoverable in a survival action under Code of Civil Procedure section 377.34. [Citations.]” (Wilson v. John C…”
- Delaney v. Baker (California Supreme Court 1999, 82 Cal. Rptr. 2d 610)“…s two generally applicable statutes. The two statutes are Code of Civil Procedure section 377.34, precluding pain and suffering damages…”
- Sullivan v. Delta Air Lines, Inc. (California Supreme Court 1997, 15 Cal. 4th 288)“…er versions of the survival statute that is now codified in Code of Civil Procedure section 377.34 barred “pain, suffering or disfiguremen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 377.30In force
A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 84 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Giraldin v. Giraldin (California Supreme Court 2012, 55 Cal. 4th 1058)“…n action. I would not. Pertinent here is this language in Code of Civil Procedure section 377.30: “A cause of action that survives the d…”
- Olson v. Toy (California Court of Appeal 1996, 46 Cal. App. 4th 818)“…Olson but the personal representative of decedent’s estate (Code Civ. Proc., § 377.30). 2 The trial court held O…”
- Quiroz v. Seventh Avenue Center (California Court of Appeal 2006, 45 Cal. Rptr. 3d 222)“…ive or, if none, by the decedent’s successor in interest.” (Code Civ. Proc., § 377.30.) In the typical survivor action, the d…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
California Government Code
§ 911.2In forcecited in 4 of our articles
(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action. (b) For purposes of determining whether a claim was commenced within the period provided by law, the date the claim was presented to the Department of General Services is one of the following: (1) The date the claim is submitted with a twenty-five dollar ($25) filing fee. (2) If a fee waiver is granted, the date the claim was submitted with the affidavit requesting the fee waiver. (3) If a fee waiver is denied, the date the claim was submitted with the affidavit requesting the fee waiver, provided the filing fee is paid to the department within 10 calendar days of the mailing of the notice of the denial of the fee waiver.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 424 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Superior Court (California Supreme Court 2004, 32 Cal. 4th 1234)“…th our decision here. Plaintiff’s reliance on language in Government Code section 911.2 stating that the claim must be filed wi…”
- Shirk v. Vista Unified School District (California Supreme Court 2007, 64 Cal. Rptr. 3d 210)“…laintiff’s obligation under the claim presentation statute (Gov. Code, §911.2, subd. (a)) was to present her claim “n…”
- John R. v. Oakland Unified School District (California Supreme Court 1989, 48 Cal. 3d 438)“…able estoppel so as to avoid the claim-filing periods under Government Code sections 911.2 and 911.4, subdivision (b). A. Equit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Slip and Fall Laws: Proving Premises Liability, California Statute of Limitations: Filing Deadlines by Case Type
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Sources and References
- California Code of Civil Procedure 377.60, persons who may bring a wrongful death action(leginfo.legislature.ca.gov).gov
- California Code of Civil Procedure 377.34, damages in a survival action(leginfo.legislature.ca.gov).gov
- California Code of Civil Procedure 335.1, two-year limitations period(leginfo.legislature.ca.gov).gov
- California Government Code 911.2, six-month claim deadline against public entities(leginfo.legislature.ca.gov).gov
- USA.gov: Report a death and estate matters(usa.gov).gov
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