Wrongful Death
California Wrongful Death Attorney
Civil trial representation for families pursuing wrongful death claims in California. Selective practice. Trial-ready preparation.
Cases that ask the legal system to value a life.
California's wrongful death statute
California's wrongful death statute is found at California Code of Civil Procedure § 377.60 et seq. The statute creates a cause of action for specified surviving family members (heirs) when a person's death is caused by another's wrongful act or neglect. Wrongful death claims are distinct from survivor actions, which compensate the decedent's estate for damages the decedent suffered before death (Cal. Code Civ. Proc. § 377.30 et seq.). Most wrongful death matters involve both kinds of claims.
Who can bring a wrongful death claim
Cal. Code Civ. Proc. § 377.60 specifies the categories of statutory heirs entitled to bring a wrongful death claim, including (in priority order, with detail in the statute): the decedent's surviving spouse, domestic partner, and children (and issue of deceased children); if none, the persons entitled to the decedent's property by intestate succession; and additional categories including putative spouses, stepchildren, and parents in defined circumstances. Eligibility is fact-specific.
Recoverable damages
- Economic damages — financial support the decedent would have provided, value of household services, funeral and burial expenses
- Non-economic damages — loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support; loss of training and guidance for children; loss of intimacy for spouses (loss of consortium)
- Survivor action damages (in parallel) — pain and suffering the decedent experienced before death (available in cases qualifying under current law); medical expenses; punitive damages where conduct supports them (Cal. Civ. Code § 3294)
Common case categories
We handle wrongful death claims arising across our practice pillars: catastrophic personal injury (vehicle, aviation, construction, premises liability); institutional accountability (where institutional misconduct caused the death); and environmental contamination (where contamination caused or contributed to the death). We do not handle medical or dental malpractice wrongful death claims.
Statute of limitations
California's general two-year statute of limitations applies to wrongful death claims (Cal. Code Civ. Proc. § 335.1), measured from the date of death. Government Tort Claim Act deadlines apply where a public entity is a defendant — typically a six-month claim presentation deadline before suit (Cal. Gov't Code § 911.2). These timelines are firm. Early consultation matters.
Common Questions
Who in our family can be a plaintiff?
California's wrongful death statute (Cal. Code Civ. Proc. § 377.60) lists specific categories of statutory heirs in priority order. Surviving spouse, domestic partner, and children typically have the right to sue first, with parents and other family members in defined circumstances. The eligibility analysis can be complex; we will walk through your family's specific situation.
How is a wrongful death case valued?
Valuation reflects the economic contributions the decedent would have made (lost financial support, household services), funeral expenses, and the non-economic loss to surviving heirs (loss of love, companionship, guidance). California does not have a fixed formula; juries evaluate evidence of the decedent's life, relationships, and earning trajectory.
What if the death involved a public entity (city, county, state)?
California's Government Tort Claim Act applies. A claim must typically be presented to the public entity within six months of the death (Cal. Gov't Code § 911.2). Missing this deadline can bar the claim. Government-entity defendants are common in our institutional accountability matters.
Do you handle medical malpractice wrongful death?
No. We do not handle medical or dental malpractice cases. We do handle wrongful death cases arising from catastrophic injury, institutional misconduct, environmental contamination, and similar matters within our practice areas.
What is the statute of limitations for wrongful death in California?
Generally two years from the date of death (CCP § 335.1). Claims against public entities require a government claim within six months (Gov. Code § 911.2), and medical-negligence deaths follow a separate clock. Missing these deadlines is fatal to the claim.
How common is accidental death in the United States?
CDC WISQARS data ranks unintentional injury as the leading cause of death for Americans ages 1 to 44 — ahead of illness. Behind many of those deaths is a preventable failure: a dangerous road, product, property, or decision.
What is a survival action and how is it different?
A survival action (CCP § 377.30) belongs to the estate and recovers losses the decedent personally suffered before death, while the wrongful-death claim compensates the family for its own losses. They are usually filed together, with different damages rules.
Who decides how a wrongful death recovery is divided?
If the heirs agree, a settlement can be allocated by agreement; if not, the court apportions it based on each heir's relationship and dependency. California generally requires one joint action — so early coordination among family members matters.
Can parents recover for the death of an adult child?
Sometimes. Parents are proper wrongful-death plaintiffs if they were financially dependent on the adult child, or if the child left no spouse or children (CCP § 377.60 and intestate-succession rules). Dependency is fact-specific — get an early legal review.
For a confidential review of your case:
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.”
Chief Justice John Marshall · Marbury v. Madison (1803)
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan, APC is licensed in California.