How to File a Wrongful Death Lawsuit

To file a wrongful death lawsuit, the right family member or personal representative files a complaint in superior court and serves it on everyone responsible. In California, that generally must happen within two years of the death (CCP 335.1); Texas also allows two years and Washington generally three. A claim against a government agency must come first, often within six months.

Who can file a wrongful death lawsuit?

The person who files depends on the state where the death happened:

• California: the surviving spouse, domestic partner and children (and the children of a child who died earlier). If there are none, the people who would inherit can sue. Some dependents, such as a putative spouse, stepchildren or dependent parents, also qualify, as can certain minors who lived in the home for 180 days and depended on the person for half their support. The decedent’s personal representative may also sue on the family’s behalf (CCP 377.60).
• Texas: the surviving spouse, children and parents. One of them can sue for the benefit of all. If none of them files within three calendar months after the death, the executor or administrator must bring the case unless all of them ask that it not be filed (CPRC 71.004).
• Washington: only the personal representative of the estate files (RCW 4.20.010). The case is brought for the spouse or registered domestic partner and the children, including stepchildren, or if there are none, for the parents or siblings (RCW 4.20.020). If no personal representative has been appointed yet, that step comes before the lawsuit.

What is the difference between a wrongful death claim and a lawsuit?

A claim is a demand for payment made outside of court, usually to the insurance company of the driver, property owner or business that caused the death. Many families settle at this stage. A lawsuit is a case filed with the court. Filing it stops the deadline from running out and gives the family subpoenas, depositions and a trial date if the insurer will not pay a fair amount.

Families often start with a claim and file suit if talks stall. The deadline keeps running during negotiations, so a lawyer will usually file before it gets close, even while talks continue.

What if a government agency is responsible?

When a city bus, county road, police car or public hospital is involved, a written government claim is required before any lawsuit. In California, a claim for death must be presented within six months (Gov. Code 911.2), and no suit may be filed until the claim is acted on or deemed rejected (Gov. Code 945.4). After a written rejection, the family generally has six months to sue; with no written notice, up to two years (Gov. Code 945.6). The courts explain the agency has 45 days to respond (California Courts).

Texas requires notice to a governmental unit within six months of the incident, though a city charter can set its own period (CPRC 101.101). In Washington, a claim against a local government must be presented on the standard form, and the suit cannot be filed until 60 calendar days later; the deadline is paused during that wait (RCW 4.96.020).

Where do you file a wrongful death lawsuit?

In California, the case can be filed in the superior court of the county where the fatal injury happened or the county where any defendant lives (CCP 395). Texas generally uses the county where all or a substantial part of the events happened, or the defendant’s home county or principal Texas office (CPRC 15.002). Washington allows the county where the cause arose or where any defendant lives (RCW 4.12.020). A case against an out-of-state company may also qualify for federal court.

How do you prepare and serve the complaint?

In California, the court’s self-help site lists the papers that start a case: the Summons (SUM-100), the Civil Case Cover Sheet (CM-010) and a complaint. Form PLD-PI-001 is the Judicial Council complaint for personal injury, property damage and wrongful death, with attachments for motor vehicle, general negligence and premises liability causes of action (California Courts). Wrongful death cases with large losses are usually drafted as a full pleading instead. The filing fee runs from $225 to $450, and a fee waiver is available (California Courts).

After filing, someone 18 or older who is not part of the case must serve each defendant, usually by hand. The papers must be served and the proof of service (POS-010) filed within 60 days of filing (California Courts). The defendant then has time to answer, and the case moves into discovery (California Courts). A survival claim for the estate can be joined in the same case (CCP 377.62).

Do all the family members have to join?

In California, yes in practice. The official jury instructions note that the wrongful death statutes ordinarily require joint litigation of all the heirs’ claims, and the jury may be asked to return a single amount for all plaintiffs that the court then divides (CACI 3921). A family member who will not join as a plaintiff can be named as a defendant, with the reason stated in the complaint (CCP 382). Leaving an heir out can stall a settlement, so the family tree should be mapped before filing.

What to do now

1. Write down the date of death and the date of the incident.
2. Find out whether any public agency, vehicle or property was involved.
3. Make a list of every spouse, child, parent and dependent.
4. Order certified copies of the death certificate.
5. Keep the police report, medical records, funeral bills and pay stubs.
6. Do not give a recorded statement to the other side’s insurer.
7. Call a lawyer before any deadline gets close.

Talk to us

If you lost a family member and want to know how to file, call Beverly Law at (310) 552-6959 for a free, confidential case review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Wrongful death statute of limitations in California · Wrongful death claim against the City of Los Angeles · Claim against Los Angeles County · Personal injury questions · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.