By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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Who can file a wrongful death claim
California’s wrongful death statute lets these people bring the claim, or the decedent’s personal representative on their behalf (CCP § 377.60):
- The surviving spouse or domestic partner, the children, and the children of a deceased child. If there are none, the people who would inherit the decedent’s property.
- If they depended on the person who died: a putative spouse, that spouse’s children, stepchildren, parents, or legal guardians if the parents have died.
- A minor who lived in the decedent’s household for the previous 180 days and depended on the decedent for half or more of their support.
Parents of an adult who left a spouse or children generally qualify only if they were dependent. Our FAQ covers who can file a wrongful death lawsuit in California in more detail. The claim to the City should name every family member who may bring the case.
The six-month deadline starts at death
A claim “relating to a cause of action for death” must be presented within six months after the cause of action accrues (Gov. Code § 911.2). Accrual follows the ordinary statute of limitations rules (Gov. Code § 901), and for a wrongful death claim it is usually the date of death. If the person was injured and died weeks later, talk to a lawyer right away about which date controls, and file inside the earlier window if there is any doubt.
Families often learn about the claim requirement too late because the general deadline to sue for a death in California is two years. That two-year rule does not govern a claim against the City. Read the wrongful death statute of limitations and the City claim deadline page for how the two fit together.
If the six months pass, a late-claim application can be made within a reasonable time, and no later than one year after accrual (Gov. Code § 911.4). The entity must grant it in listed situations, including mistake or excusable neglect without prejudice to the City, and where the person who was injured died before the claim period ran out (Gov. Code § 911.6). See late claims.
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Deaths that lead to claims against the City
- Crashes with City vehicles. The City is liable for deaths caused by an employee’s negligent driving on the job (Veh. Code § 17001). LAPD emergency responses and pursuits have special rules; see City vehicle accidents.
- Dangerous streets and property. The City can be liable for a death caused by a dangerous condition of its property if it created the condition or knew about it in time to fix it or warn (Gov. Code § 835). That can include a missing signal, a hidden hazard in the road, or a falling tree or light. See dangerous condition of public property.
- Police conduct. The City answers for injuries its employees cause on the job when the employee could be sued for the same act (Gov. Code § 815.2). See claims against LAPD.
Liability against a public entity exists only where a statute provides it (Gov. Code § 815), so the claim has to fit one of these routes.
If the officer is criminally charged
A criminal case against the officer does not pause or extend any deadline for the family. The pause in Government Code section 945.3 applies only to a person who is facing criminal charges and wants to sue the officer or the agency; that person’s time to sue is paused while the charges are pending in superior court (Gov. Code § 945.3). Even then, the statute says it “shall not extend the time within which a claim is required to be presented.” The family still has to file the claim with the City within six months of the death, and the six months to sue after a written rejection keep running while any case against the officer goes on.
What to file and what to gather
- The claim. Use the City’s claim form (Form Cont. 100-A) or file online at claims.lacity.org. It must state who is claiming and their address, where notices go, the date, place and circumstances, a general description of the loss, and the City employees involved if known (Gov. Code § 910). A family member or the family’s attorney can sign on the claimants’ behalf (Gov. Code § 910.2). Claims filed on or after January 1, 2027 must also include a declaration that the contents are true and correct “upon information and belief” (AB 2529).
- Where. Office of the City Clerk, 200 N. Spring St., Room 395, Los Angeles, CA 90012, by mail, in person or online. Not by email or fax (City Clerk).
- The death certificate and proof of each claimant’s relationship to the person who died.
- The police report. LAPD does not release fatal collision reports online; request them by mail (LAPD).
- Medical and funeral bills, and proof of the income and support the person provided.
After a written rejection, the lawsuit must generally be filed within six months of the date the notice was mailed or handed to you (Gov. Code § 945.6). See claim denied.
What the family can recover
A wrongful death case compensates the family for the financial support the person would have provided, funeral and burial costs, and the loss of love, companionship and care. The City cannot be ordered to pay punitive damages (Gov. Code § 818). Our FAQs cover wrongful death damages and the difference between a survival action and a wrongful death claim.
Related pages
- Claim against the City of Los Angeles
- City of LA claim deadline
- Late claims
- City vehicle accident claims
- Dangerous condition of public property
- Claims for minors
- Claims against LAPD
- Who can file a wrongful death lawsuit in California?
- California wrongful death lawyer
- Wrongful death statute of limitations in California
- News: pedestrian hit by an LAPD patrol car in Van Nuys
Common questions
How long do I have to file a wrongful death claim against the City of Los Angeles?
Six months, usually counted from the date of death (Gov. Code 911.2). The claim goes to the Los Angeles City Clerk. The two-year deadline for wrongful death suits against private parties does not replace the six-month claim against the City.
Who can file a wrongful death claim against the City?
Under CCP 377.60, the surviving spouse or domestic partner, children, and children of a deceased child, or if none, the heirs. Dependent parents, stepchildren and putative spouses can also qualify, as can certain minors who lived in the household and depended on the person who died.
Can I sue the City if LAPD caused my family member’s death?
Yes, if the officer’s act would support a lawsuit and was within the scope of employment (Gov. Code 815.2), or if an LAPD vehicle was driven negligently (Veh. Code 17001). A claim must be filed with the City Clerk within six months of the death first.
Does a criminal case against the officer extend the claim deadline?
No. A criminal case against the officer does not extend the claim deadline or the time to sue. Government Code 945.3 pauses the time to sue only for a person who is facing criminal charges and wants to sue the officer or agency, and even then it does not extend the time to present a claim. The family still has to file the claim within six months.
What if we missed the six-month deadline?
Apply to the City for leave to file a late claim as soon as possible, and no later than one year after the claim accrued (Gov. Code 911.4). If the City denies it, you can petition the superior court within six months of the denial (Gov. Code 946.6).
Can the family get punitive damages from the City?
No. Government Code 818 bars punitive damages against public entities. The family can recover lost financial support, funeral and burial costs, and the loss of companionship.
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Sources
- Cal. Code Civ. Proc. § 377.60
- Cal. Gov. Code § 815
- Cal. Gov. Code § 815.2
- Cal. Gov. Code § 818
- Cal. Gov. Code § 835
- Cal. Gov. Code § 901
- Cal. Gov. Code § 910
- Cal. Gov. Code § 910.2
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 911.4
- Cal. Gov. Code § 911.6
- Cal. Gov. Code § 945.3
- Cal. Gov. Code § 945.6
- Cal. Veh. Code § 17001
- AB 2529 (2026), amending Gov. Code § 910.2 eff. Jan. 1, 2027
- Los Angeles City Clerk, Claim for Damage
- City of Los Angeles claim form, Form Cont. 100-A
- LAPD, traffic collision reports
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.