Wrongful Death FAQs
Common questions about wrongful death claims in California. This is general information, not legal advice — for guidance on your family’s situation, start a free, confidential review.
Who can file a wrongful death claim in California?
The law limits it to certain family members — typically a spouse or domestic partner and children, and sometimes parents or dependents. The exact rules vary, so a free review is the best way to know.
How long do we have to file in California?
Wrongful-death deadlines can be short and generally run from the date of death — shorter still if a government entity is involved. Because a missed deadline can end a claim, reach out as soon as you are able.
What can our family recover?
Depending on the state and the facts, claims can address medical and funeral costs, lost financial support, and loss of care and companionship. What applies to you is what our attorney evaluates for free.
How much does it cost to hire your firm?
Wrongful-death matters are handled on a contingency basis for qualifying cases — no fee unless we recover — and the initial review is always free. Fee terms are confirmed in a written agreement.
California law — what people ask
Who can file a wrongful death claim in California?
California defines by statute who has standing — generally the spouse or domestic partner, children, and in some circumstances others who were financially dependent on the person who died. Who qualifies is a legal question rather than a matter of who was closest, and it is worth confirming early.
How long do we have to bring a claim in California?
Generally two years from the date of death rather than from the injury that caused it. If a government entity is involved, a formal claim usually has to be presented to that agency within roughly six months first.
What is the difference between wrongful death and a survival action?
They are two separate claims arising from the same death. The wrongful-death claim belongs to the family for their own loss. The survival action belongs to the estate for what the person endured before dying. What each can recover differs, and California law on the survival claim has changed in recent years.
What can a California family recover?
The financial support the person would have provided, the value of household services, funeral and burial costs, and the loss of their love, companionship, comfort and guidance. California does not allow the family’s own grief to be compensated as such, which is a distinction that surprises people.
Is there a cap on wrongful death damages in California?
Not in an ordinary case. Medical-malpractice claims are the exception, where non-economic damages are limited by a cap that steps up over time.
Does a criminal case have to happen first?
No. A wrongful-death claim is civil and proceeds independently of any prosecution, on a lower standard of proof. A criminal case may affect timing and evidence, but it is not a precondition.