Category: Wrongful Death

When someone dies because of another party’s negligence, California law creates two separate claims, and understanding which is which is where these cases are won or lost.A wrongful death action under Code of Civil Procedure §377.60 belongs to the surviving family — typically a spouse or domestic partner, children, and in some circumstances other dependents. It compensates them for their own losses: financial support, funeral and burial costs, and the loss of the relationship itself. A survival action under §377.30 belongs to the decedent’s estate and recovers what the person could have claimed had they lived, such as medical bills and lost earnings between injury and death. The two are usually filed together.Most wrongful death claims must be brought within two years under Code of Civil Procedure §335.1. Deaths caused by medical negligence follow different and shorter rules, and are subject to California’s statutory cap on non-economic damages.The guides below explain who has standing to file, how the two claims interact, and what damages are available.