Legally Reviewed by Daniel Setareh on August 20, 2026
A wrongful death claim lets the surviving family of someone killed by another person’s negligence, recklessness, or intentional act pursue financial compensation, separate from any criminal case that may also result from the same conduct. If your loved one died because of someone else’s negligent, reckless, or malicious act, understanding who can file, what compensation is available, and how much time you have is the first step toward protecting your family’s rights.
At Setareh Law, our wrongful death attorneys help California families understand exactly what a claim can and cannot accomplish, and we handle the legal process so your family can focus on grieving rather than paperwork.
Who Can File a Wrongful Death Claim in California?
California law limits who may bring a wrongful death claim to people with a specific legal relationship to the deceased. Under the state’s succession laws, eligible claimants generally include a surviving spouse or domestic partner, surviving children, surviving grandchildren if there are no surviving children, and other individuals who were financially dependent on the deceased. If a will or estate plan names someone as a beneficiary, that person may also have standing to bring a claim. Because eligibility can turn on specific family circumstances, it is worth having an attorney confirm who in your family qualifies before a claim is filed.
California’s Wrongful Death Filing Deadline
Under California Code of Civil Procedure Section 377.60, most wrongful death claims must be filed within two years of the date of death, not the date of the underlying accident or incident. If your loved one was injured in an accident but did not pass away until weeks or months later, the two-year clock starts on the date of death. Two notable exceptions apply: claims involving a death caused by medical malpractice generally carry a three-year deadline, and claims against a public or government entity are subject to a much shorter six-month claims-filing window. A minor seeking to bring a claim for the death of a parent generally has until two years after turning 18 to file. Because these deadlines vary by circumstance and missing one can permanently bar a claim, confirming your specific deadline early is one of the most important steps you can take.
What Are the Most Common Wrongful Death Cases?
Wrongful death claims arise from a wide range of circumstances, from accidental to intentional conduct. What every valid claim has in common is that the at-fault party owed a duty of care to the deceased and breached that duty, resulting in death.
Motor Vehicle Accidents
California consistently ranks among the states with the highest number of motor vehicle fatalities. Trucking accidents caused by inexperience or recklessness, driving under the influence of drugs or alcohol, speeding, and distracted driving can all result in a wrongful death claim against the at-fault driver or, in some cases, a trucking company or vehicle owner.
Slips and Falls
Most slip-and-fall incidents do not result in a fatality, but elderly individuals in particular can suffer fatal injuries from a fall. Nursing homes, elder care facilities, and property owners may be held liable when a failure to maintain safe conditions or provide adequate supervision contributes to a fatal fall. Construction sites present similar risks when a company or supervisor neglects required safety precautions.
Homicide
The intentional taking of another person’s life, prosecuted criminally as homicide or murder, can also give rise to a separate civil wrongful death claim. Even when the accused is tried in criminal court, the surviving family’s path to financial compensation runs through a distinct civil proceeding with its own burden of proof.
What Types of Compensation Are Available?
Wrongful death claims generally allow recovery of two broad categories of damages.
Economic damages are easily quantifiable losses, typically supported by a bill, invoice, or pay record. These most often include medical expenses connected to the fatal injury, lost personal property, and lost wages calculated from the time of the incident through the income the deceased would reasonably have been expected to earn.
Non-economic damages are harder to quantify but are just as recoverable. Examples include:
- Pain and suffering experienced by the deceased before death
- Loss of consortium between spouses or domestic partners
- Anguish, depression, and anxiety experienced by surviving family members
- Distress from witnessing the fatal incident
- Loss of a parent’s guidance, training, and companionship for surviving children
Both categories of damages are meant to be considered together when a wrongful death claim reaches a settlement or verdict, since economic losses alone rarely capture the full impact of losing a family member.
How a Wrongful Death Claim Differs From a Criminal Case
When a death results from intentional or grossly reckless conduct, the person responsible may face criminal prosecution separately from any civil wrongful death claim. A criminal conviction is not required for a family to succeed in a wrongful death claim, and the two proceedings use different standards of proof: criminal cases require proof beyond a reasonable doubt, while civil wrongful death claims require only a preponderance of the evidence, meaning it is more likely than not that the defendant’s conduct caused the death.
Gathering Evidence to Support a Wrongful Death Claim
A strong wrongful death claim depends on documentation gathered as early as possible. That typically includes accident or incident reports, witness statements, cell phone and surveillance footage, medical records establishing the cause of death, and financial records supporting lost income and benefits calculations. The sooner this evidence is preserved, the less likely it is to be lost or become unavailable as time passes.
The Wrongful Death Attorneys at Setareh Law Can Help
Our dedicated team at Setareh Law understands the grief and anguish a family faces after losing a loved one to another’s negligence or wrongful act. We work to gather accident and police reports, witness statements, and cell phone and surveillance footage so your case reflects the full scope of what your family has lost. Our team also speaks Spanish, and we are with you at every step of the claims process.
If your family is considering a wrongful death claim, contact us online to schedule a free consultation and learn about your options.
Frequently Asked Questions About Wrongful Death Claims in California
How long do I have to file a wrongful death claim in California?
Most wrongful death claims must be filed within two years of the date of death under California Code of Civil Procedure Section 377.60. Claims involving medical malpractice generally carry a three-year deadline, and claims against a government entity are subject to a much shorter six-month claims-filing window.
Does the two-year deadline start on the date of the accident or the date of death?
The deadline runs from the date of death, not the date of the underlying accident or injury. If a loved one was injured on one date but did not pass away until weeks or months later, the two-year period begins on the date of death.
Who is eligible to file a wrongful death claim?
California generally allows a surviving spouse or domestic partner, surviving children, surviving grandchildren if there are no surviving children, and other financial dependents of the deceased to file. A named beneficiary under a will or estate plan may also have standing in certain circumstances.
Do I need a criminal conviction for my family to win a wrongful death claim?
No. A wrongful death claim is a separate civil matter that requires proof by a preponderance of the evidence, a lower standard than the beyond-a-reasonable-doubt standard used in criminal cases. A family can pursue and succeed in a wrongful death claim regardless of whether a criminal case results in a conviction.
What kinds of compensation can a wrongful death claim recover?
Recoverable damages generally include economic losses such as medical expenses and lost income, along with non-economic losses such as loss of companionship, guidance, and support. The specific damages available depend on the facts of each case and the family’s relationship to the deceased.
About the Attorney
Founding Attorney, Setareh Law
Daniel Setareh is the founding attorney of Setareh Law, representing injured people and their families throughout California in personal injury and wrongful death matters.
