What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil case that close family members bring for money when a person dies because of someone else’s negligence or wrongful act. It pays the family for its own losses, such as lost support and companionship. In California the deadline is generally two years (CCP 335.1), and Texas allows two years from the death (CPRC 16.003).

What is a wrongful death suit or claim, in plain terms?

The three phrases people search mean almost the same thing. A wrongful death claim is the family’s legal right to be paid for the death. It often starts as a claim with the at-fault party’s insurer. It becomes a wrongful death lawsuit, or suit, once papers are filed in court.

The right exists because a state law creates it. California’s is CCP 377.60, Texas’s is chapter 71 of the Civil Practice and Remedies Code, and Washington’s is RCW 4.20.010. Each one applies when a death is caused by a wrongful act, neglect or default of another person or company.

In California the family generally has to prove a wrongful act or negligence, a death caused by it, and losses to the family (CACI 3921, sources and authority). Texas adds a simple test: the claim exists only if the person could have sued for the injury had they lived (CPRC 71.003).

What usually leads to a wrongful death case?

Any careless act that kills someone can support a claim. These are the situations families bring to us most often:

• Vehicle crashes. The CDC counted 41,241 motor vehicle traffic deaths in the United States in 2024 (CDC NCHS).
• Medical negligence. A missed diagnosis or a medication error can cause a death. These cases carry extra notice rules and different, sometimes shorter deadlines, covered below.
• Unsafe property. California makes owners responsible for harm caused by a lack of ordinary care in managing their property (Civil Code 1714).
• Defective products. A failed airbag or a defective tire can lead to a claim against the maker and the sellers. See who you can sue for a defective product in California.
• Workplace deaths. The Bureau of Labor Statistics recorded 5,070 fatal work injuries in 2024, and transportation incidents were 38.2 percent of them (BLS).

Work deaths follow special rules. In California, workers’ compensation is usually the family’s only remedy against the employer, with narrow exceptions (Labor Code 3602). Texas lets the spouse and children seek exemplary damages from an employer whose gross negligence or intentional act caused the death (Labor Code 408.001). In Washington a beneficiary may sue a third party other than the employer, such as a contractor or equipment maker (RCW 51.24.030).

How is a wrongful death claim different from a survival claim?

A death usually creates two separate claims. The wrongful death claim pays the family for what the family lost. The survival claim is the claim the person who died could have brought while alive, and it passes to the estate or successor (CCP 377.30; CPRC 71.021; RCW 4.20.046).

In California the two can be filed together in one case (CCP 377.62). For cases filed on or after January 1, 2026, the survival claim generally cannot recover the person’s pain, suffering or disfigurement (CCP 377.34). Washington allows the estate to recover the person’s own pain, suffering and emotional distress for the listed family members (RCW 4.20.046).

Is a wrongful death lawsuit the same as a criminal case?

No. A criminal homicide case is brought by the state, and it can end in prison or probation. Texas, for example, defines manslaughter and criminally negligent homicide in Penal Code chapter 19. Guilt must be proved beyond a reasonable doubt (Penal Code 1096).

A wrongful death lawsuit is brought by the family, and it ends in money damages. In California the family usually has to prove its case by a preponderance of the evidence, meaning more likely than not (Evidence Code 115). That lower standard is why a family can win a civil case even when no one is charged or a jury acquits.

The two cases can run at the same time. A criminal conviction can help, and in California it matters for punitive damages, which are generally barred in wrongful death cases except after a felony homicide conviction (CACI 3921, sources and authority).

Who can bring the case, what does it pay for, and how long do you have?

Here is the short version for each state.

• California: the spouse, registered domestic partner and children, or if none, the heirs, plus certain dependents and minors who lived in the home (CCP 377.60). Damages cover lost support, gifts, funeral costs, household services and the loss of love and companionship, but not grief itself (CACI 3921). Deadline: generally two years (CCP 335.1).
• Texas: the surviving spouse, children and parents. If none of them sues within three calendar months, the executor or administrator must, unless all of them ask otherwise (CPRC 71.004). The jury awards damages in proportion to the injury from the death and divides them (CPRC 71.010). Deadline: two years from the death (CPRC 16.003).
• Washington: the personal representative sues for the spouse, registered domestic partner and children, including stepchildren, or if none, for parents or siblings (RCW 4.20.020). Economic and noneconomic damages are set at what is just. Deadline: generally three years (RCW 4.16.080).

Some cases have earlier steps. A death caused by a California public agency requires a government claim within six months (Gov. Code 911.2). Texas generally requires notice to a government unit within six months (CPRC 101.101), and Washington requires a claim form and a 60-day wait before suing a local government (RCW 4.96.020). Medical cases need advance notice: 90 days in California (CCP 364) and 60 days in Texas (CPRC 74.051). Their deadlines also differ (CCP 340.5; RCW 4.16.350).

Most cases start with an investigation and an insurance claim. If the claim does not settle, a complaint is filed in court against the correct defendants, and both sides then gather evidence through discovery (California Courts).

What to do now

1. Write down the date of death and the date of the injury; deadlines run from them.
2. Order several certified copies of the death certificate.
3. Keep the police, coroner or hospital report numbers.
4. Save photos, videos, damaged property and the names of witnesses.
5. Keep every medical, funeral and burial bill.
6. Do not give a recorded statement to the other side’s insurer or sign a release.
7. Talk to a lawyer before any government or medical notice deadline passes.

Talk to us about your family’s case

If someone you love died because of another person’s or company’s carelessness, call Beverly Law at (310) 552-6959 for a free, confidential 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 · Who can you sue for a defective product in California? · 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.