By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Lost a family member in California?
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The first weeks: what families can do
Nobody expects a family to think about a lawsuit while planning a funeral. A few steps early on protect the family’s options without taking much time.
- Order several certified copies of the death certificate. A family member who files as the estate’s successor must attach one to a sworn declaration (CCP § 377.32).
- Write down the report number and the investigating agency, whether it was the CHP, a police department, a sheriff or Cal/OSHA.
- Keep the vehicle, phone, clothing and any photos or videos. Ask witnesses for their contact information. Businesses often record over security video within days.
- Do not sign a release or give a recorded statement to an insurance company before you understand who has a claim.
- Mark the six-month date if a public agency’s vehicle, road or building may have been involved.
Who can bring a wrongful death claim in California
California’s wrongful death statute names who may sue, either in person or through the personal representative of the estate (CCP § 377.60):
- First: the surviving spouse or registered domestic partner, the children, and the children of a child who already died.
- If the person left no children or other descendants: whoever would inherit under California’s intestate succession rules, which can include the surviving spouse or domestic partner, parents, or brothers and sisters. If the parents would qualify but have died, the person’s legal guardians can sue in their place.
- Dependents, whatever the order above: a putative spouse (someone who believed in good faith the marriage was valid), that spouse’s children, stepchildren, parents and, if the parents have died, legal guardians, as long as they depended on the person who died.
- A minor in the household: a child who lived in the home for the 180 days before the death and received at least half of his or her support from the person who died.
When several relatives qualify, the court divides any award among them (CCP § 377.61). More detail: who can file a wrongful death lawsuit in California.
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Two claims: wrongful death and survival, and the 2026 change
The wrongful death claim belongs to the family. It pays for what the survivors lost. The California Supreme Court has said the statute creates a new cause of action in favor of the heirs (Horwich v. Superior Court (1999) 21 Cal.4th 272).
The survival claim belongs to the person who died. When a claim survives death, it passes to the estate’s personal representative or, if there is none, to the successor in interest (CCP § 377.30). It covers losses the person had before death, such as medical bills and lost wages, and it can include punitive damages the person could have recovered if he or she had lived (CCP § 377.34(a)). Both claims can be joined in one lawsuit (CCP § 377.62). Our page on survival actions and wrongful death explains the difference.
Pain and suffering before death. For four years, under a law passed as SB 447, the estate could recover the person’s pain, suffering and disfigurement if the case was filed on or after January 1, 2022, and before January 1, 2026 (CCP § 377.34(b)). That window has closed. A 2025 bill to extend it, SB 29, passed the Senate. In September 2025 the Assembly amended it to extend the window only to January 1, 2027, then moved it to the inactive file, and it never received a final vote (SB 29 status). For a case filed now, the survival claim does not include those damages. The statute also says it does not affect claims under the elder and dependent adult abuse laws in the Welfare and Institutions Code (§ 377.34(f)).
What a California family can recover
The jury awards damages that are just under all the circumstances (CCP § 377.61). California’s civil jury instruction for the death of an adult lists the categories (CACI No. 3921):
- Economic: the financial support the person would have contributed, gifts or benefits the family would have received, funeral and burial costs, and the value of household services.
- Noneconomic: the loss of the person’s love, companionship, comfort, care, assistance, protection, affection, society and moral support.
Grief and sorrow, as such, are not compensated. The Supreme Court held that damages for mental and emotional distress, including grief and sorrow, are not recoverable in a wrongful death action, while the loss of companionship and society is (Krouse v. Graham (1977) 19 Cal.3d 59). See wrongful death damages.
Punitive damages. Courts have read the wrongful death statute to bar punitive damages, with one exception (CACI No. 3921, sources): a death caused by a homicide for which the defendant has been convicted of a felony (Civ. Code § 3294(d)). In August 2026 our news desk covered a crash at Rider Street and Ramona Expressway in Perris that killed an 8-year-old girl; the other driver was charged with second-degree murder and DUI. No conviction had been reported, and she is presumed innocent.
Fault of the person who died. If the person who died was partly at fault, the family’s award is reduced by that share (Horwich). The same case held that Proposition 213 does not stop the heirs of an uninsured driver from recovering noneconomic damages. See comparative fault in California, Texas and Washington.
Deadlines, including claims against a public agency
Two years. An action for the death of a person caused by the wrongful act or neglect of another must be filed within two years (CCP § 335.1). The heirs have no claim until the death occurs (Larcher v. Wanless (1976) 18 Cal.3d 646), so the clock usually runs from the date of death. If the person had a claim of his or her own and died before its deadline, the estate has until the later of six months after death or the original deadline (CCP § 366.1). Details: wrongful death statute of limitations in California.
Six months for a government claim. A claim for a death against a public entity must be presented within six months (Gov. Code § 911.2). After a written rejection, the family has six months to sue; with no proper notice, two years (Gov. Code § 945.6). A public entity can be liable for a dangerous condition of its property, such as a road, if its employee created the condition or it had notice in time to fix it (Gov. Code § 835). See claims against a city or county vehicle.
Work deaths. When a person dies on the job, the family’s claim against the employer usually runs through workers’ compensation, but a claim against another company may still be possible. On September 25, 2026, three construction workers were killed when a big rig hit a work zone on Interstate 10 near Blythe; the CHP was still investigating. See workers’ comp vs. a personal injury claim and third-party claims after a construction accident.
How deaths happen and California’s numbers
Everyone is responsible for injuries caused by a lack of ordinary care in managing their property or person (Civ. Code § 1714). That rule reaches drivers, property owners and businesses alike.
- 4,061 people died in traffic crashes in California in 2023, down from 4,539 in 2022. Of those, 1,355 died in alcohol-impaired crashes, 1,106 were pedestrians, 583 were motorcyclists and 145 were bicyclists (Office of Traffic Safety).
- The Office of Traffic Safety’s 2025 annual report counts 16,760 serious traffic injuries in 2023 and cites an early federal (NHTSA) estimate of a 6.3% decline in deaths in 2024 (OTS 2025 Annual Report).
See our California pages on car accidents, truck accidents, motorcycle accidents, pedestrian accidents, Uber and Lyft accidents, slip and fall injuries and dog bites. Deaths caused by a doctor or hospital are covered on our medical malpractice wrongful death page. Local pages: Los Angeles and Perris.
California, Texas and Washington compared
| State | Who brings the case | Deadline to sue | The person’s own pain before death | Punitive damages | Claim against a government |
|---|---|---|---|---|---|
| California | Spouse or domestic partner, children and issue of deceased children; others in set cases (CCP § 377.60) | 2 years (CCP § 335.1) | Not recoverable in cases filed on or after Jan. 1, 2026 (CCP § 377.34) | Not in the wrongful death claim, except after a felony homicide conviction; possible in the survival claim (Civ. Code § 3294(d)) | Written claim within 6 months (Gov. Code § 911.2) |
| Texas | Spouse, children and parents; the executor or administrator after 3 months (CPRC § 71.004) | 2 years from the death (CPRC § 16.003(b)) | Recoverable through the survival claim (CPRC § 71.021) | For gross negligence or a willful act, capped unless a listed felony (§ 71.009; § 41.008) | Notice within 6 months, or sooner under a city charter (CPRC § 101.101) |
| Washington | The personal representative, for spouse or partner and children, or else parents or siblings (RCW 4.20.020) | 3 years (RCW 4.16.080(2)) | Recoverable (RCW 4.20.046; RCW 4.20.060) | Not allowed unless a statute authorizes them (Dailey) | Claim form, then a 60-day wait (RCW 4.96.020; RCW 4.92.110) |
California is now the only one of the three states where the estate cannot recover the person’s own pain before death in a newly filed case.
Related pages
- Texas wrongful death lawyer
- Washington wrongful death lawyer
- California medical malpractice wrongful death lawyer
- Who can file a wrongful death lawsuit
- California wrongful death statute of limitations
- Areas we serve in California
Common questions
How long do we have to file a wrongful death lawsuit in California?
Generally two years (CCP § 335.1), counted from the death. If a city, county or state agency may be responsible, the written government claim is due within six months (Gov. Code § 911.2).
Can a parent sue for the death of an adult child?
Yes, if the adult child left no children or other descendants, because the parents can then be among those who would inherit (CCP § 377.60(a)). A parent who depended on the child can also sue under § 377.60(b).
Can we recover for the pain our loved one went through before dying?
Not in a case filed on or after January 1, 2026. The SB 447 window covered cases filed from January 1, 2022, through December 31, 2025 (CCP § 377.34(b)). A bill to extend it, SB 29, never received a final Assembly vote. The estate can still recover economic losses and, where proven, punitive damages.
Are punitive damages available in a California wrongful death case?
Not in the family’s wrongful death claim, unless the death was a homicide and the defendant was convicted of a felony (Civ. Code § 3294(d)). Punitive damages the person could have recovered can be sought in the estate’s survival claim (CCP § 377.34(a)).
What if the person who died had no car insurance?
The California Supreme Court held that Proposition 213 does not bar the heirs of an uninsured driver from recovering noneconomic damages in a wrongful death case (Horwich v. Superior Court).
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Sources
- Cal. Code Civ. Proc. § 335.1
- Cal. Code Civ. Proc. § 366.1
- Cal. Code Civ. Proc. § 377.30
- Cal. Code Civ. Proc. § 377.32
- Cal. Code Civ. Proc. § 377.34
- Cal. Code Civ. Proc. § 377.60
- Cal. Code Civ. Proc. § 377.61
- Cal. Code Civ. Proc. § 377.62
- Cal. Civ. Code § 1714
- Cal. Civ. Code § 3294
- Cal. Gov. Code § 835
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 945.6
- SB 29 (2025–2026), bill status
- CACI No. 3921, Wrongful Death (Death of an Adult)
- Krouse v. Graham (1977) 19 Cal.3d 59
- Horwich v. Superior Court (1999) 21 Cal.4th 272
- Larcher v. Wanless (1976) 18 Cal.3d 646
- California Office of Traffic Safety, Quick Stats (2023 data)
- California Office of Traffic Safety, 2025 Annual Report
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.