Losing someone you love due to another person’s negligence leaves a wound that no legal outcome or compensation can close. Still, in the days that follow, families in Los Angeles face medical bills, funeral costs, and lost income on top of their grief. California law recognizes this reality.
Surviving family members may have the right to pursue a wrongful death claim against the party who caused that death. Under California Code of Civil Procedure Sections 377.60 through 377.62, certain relatives may seek compensation for the financial and personal losses that follow the death of a loved one.
This guide explains how wrongful death claims work in California, who may file them, what the process looks like, and what families in Los Angeles should know about the legal options available to them.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought by the surviving family members of a person who died as a result of another party’s negligence, recklessness, or intentional conduct. Common scenarios that give rise to wrongful death claims in Los Angeles include fatal car accidents, commercial truck collisions, motorcycle crashes, pedestrian fatalities, workplace accidents, and deaths resulting from medical negligence. In Los Angeles County alone, traffic collisions cause an average of 88 deaths each year.
The claim belongs not to the deceased but to the surviving family members identified in California Code of Civil Procedure Section 377.60. All eligible claimants must bring the action together in a single lawsuit, which means coordination among family members is often required at the outset.
Who May File a Wrongful Death Claim in California?
California law specifies which surviving family members have standing to file a wrongful death claim. The table below outlines the eligible categories under CCP Section 377.60.
| Eligible Claimant | Relationship to Deceased | Notes Under CCP § 377.60 |
| Surviving spouse or domestic partner | Spouse or registered domestic partner | First priority: may claim loss of companionship and economic support |
| Children | Biological or legally adopted children | May claim loss of parental guidance and economic support |
| Grandchildren | If the deceased’s children are also deceased | Eligible if no surviving children |
| Minor stepchildren | Stepchildren who were financially dependent on deceased | Must show financial dependence at time of death |
| Putative spouse | Person who had a good faith belief they were lawfully married | Eligible under CCP § 377.60(b) if requirements are met |
| Dependent parents | Parents who depended on deceased for support | May claim if no spouse, domestic partner, or children survive |
It is worth noting that California’s wrongful death statute has been interpreted to require all eligible claimants to participate in a single action. A claimant who fails to join the lawsuit in time may lose the right to participate in any recovery.
What Damages May Be Available in a California Wrongful Death Claim?
Under California Code of Civil Procedure Section 377.61, surviving family members may seek both economic and non-economic damages. Economic damages include the financial support the deceased would have provided to the family, the value of household services the deceased performed, and funeral and burial expenses. The average recovery in wrongful death cases in The Golden State is approximately $973,000 and a median of $294,000.
Non-economic damages include the loss of the deceased’s companionship, comfort, affection, society, and moral support. California does not place a cap on non-economic damages in wrongful death cases involving ordinary negligence, unlike in medical malpractice cases where certain statutory limits may apply.
In addition to a wrongful death claim, the deceased’s estate may bring a separate survivor action under CCP Section 377.30 to recover damages the deceased could have sought before death, such as pre-death medical expenses, lost wages, and pain and suffering experienced before dying. These two claims are often filed together in the same lawsuit.
The Two-Year Filing Deadline and Why It Matters
California Code of Civil Procedure Section 335.1 requires that a wrongful death lawsuit be filed within two years of the date of death. This deadline is firm. A family that waits too long may be permanently barred from recovering anything, regardless of the merits of their claim.
There are narrow exceptions. When the defendant is a California government entity, such as a city, county, or state agency, a government tort claim must typically be filed with the relevant entity within six months of the incident before a lawsuit can be filed. The timelines in government tort cases are shorter, and the procedural requirements are strict.
Fatal crashes on Los Angeles freeways, including the SR-118 Ronald Reagan Freeway in Canoga Park, the I-405 through the West Hills corridor, and US-101 near Woodland Hills, can involve multiple parties, including the driver, an employer, a manufacturer, or in some cases a government agency responsible for road maintenance. Hence, families should consult with an attorney promptly to identify all potential defendants and preserve evidence in the weeks after a death.
Pursuing a Wrongful Death Claim in Los Angeles
The process of pursuing a wrongful death claim in Los Angeles involves gathering evidence, identifying all liable parties, calculating damages, and filing suit in the appropriate court, typically the Los Angeles Superior Court. A wrongful death attorney in Los Angeles can manage this process for the family while they focus on grieving and recovery.
The investigation phase is critical. Evidence that may support a wrongful death claim includes the accident report, photographs or video of the scene, witness statements, the defendant’s employment or maintenance records, toxicology results, and in commercial truck cases, electronic logging device data. Much of this evidence can be lost or destroyed if not preserved quickly.
Most wrongful death attorneys in California handle these cases on a contingency fee basis, which means the family pays no legal fees unless compensation is recovered.
Frequently Asked Questions
Who can file a wrongful death claim in California?
Under California Code of Civil Procedure Section 377.60, eligible claimants include the surviving spouse or domestic partner, the deceased’s children, and in some cases the deceased’s parents or stepchildren who were financially dependent on the deceased. All eligible claimants must file together in a single action.
What is the statute of limitations for a wrongful death claim in California?
In California, a wrongful death lawsuit must be filed within two years of the date of death under Code of Civil Procedure Section 335.1. Certain exceptions may apply, such as when the defendant is a government entity, in which case a government tort claim must be filed within six months of the incident.
What damages may be available in a California wrongful death claim?
Under California Code of Civil Procedure Section 377.61, surviving family members may seek economic damages including the deceased’s lost income and financial support, as well as non-economic damages such as loss of companionship, comfort, and moral support. Punitive damages are generally not available in wrongful death claims but may be sought in a survivor action under Section 377.34.
Can a wrongful death claim be filed if a criminal case is also pending?
Yes. A wrongful death civil lawsuit in California is independent of any criminal prosecution and can proceed simultaneously. The standard of proof in a civil case is preponderance of the evidence, which is lower than the beyond-a-reasonable-doubt standard in a criminal case. A criminal acquittal does not bar a civil wrongful death claim.
What is the difference between a wrongful death claim and a survivor action in California?
A wrongful death claim under CCP Section 377.60 compensates surviving family members for their own losses resulting from the death. A survivor action under CCP Section 377.30 allows the deceased’s estate to pursue claims the deceased could have brought before death, such as for medical expenses and pain and suffering experienced before dying. Both actions are often filed together.
Contact Leiva Law Firm For a Los Angeles Wrongful Death Case
A wrongful death claim is one of the most serious legal matters a family may face. Leiva Law Firm represents surviving family members in Los Angeles who have lost a loved one due to another party’s negligence or wrongful conduct.
If your family is dealing with a wrongful death in the Canoga Park, West Hills, or greater Los Angeles area, we invite you to contact Leiva Law Firm at (818) 519-4465 to discuss your situation.
Written by: Marlene Leiva, Esq. | The Leiva Law Firm
Last reviewed: July 2026
| LEGAL DISCLAIMER
This article is intended for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with The Leiva Law Firm or any of its attorneys. Laws and regulations may change; the information provided may not reflect the most current legal developments. Readers should consult a qualified attorney regarding their specific situation. |
