{"id":371863,"date":"2016-12-14T12:20:40","date_gmt":"2016-12-14T17:20:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-wrongful-death-laws.html"},"modified":"2026-03-30T11:38:49","modified_gmt":"2026-03-30T16:38:49","slug":"california-wrongful-death-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-wrongful-death-laws.html","title":{"rendered":"California Wrongful Death Laws"},"content":{"rendered":"\n
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California Wrongful Death Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

California wrongful death laws allow surviving family members or heirs to sue for financial compensation when a person dies due to another party\u2019s intentional harmful acts or negligence. Examples of wrongful death actions are car accidents, medical malpractice, and defective products. Under California\u2019s \u201cone action\u201d rule, all family members and heirs must join in a single lawsuit.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The death of a loved one<\/span> is never easy for surviving family members<\/span>. When it\u2019s caused by a premature death through the actions of another, through either negligence or a criminal act, family members may file a wrongful death lawsuit<\/span> against the perpetrator.<\/p>\n

Not all wrongful deaths are due to negligence or malice. California<\/span>\u2019s wrongful death laws<\/span> allow family members to file legal action<\/span> when defective products<\/span> cause a death, even if a human was not involved. Survivors may also file on behalf of the deceased person<\/span> to recover damages.<\/p>\n

If you need to file a wrongful death lawsuit<\/span> in California<\/span>, consider getting legal advice<\/span> from an attorney<\/a>. The laws surrounding a wrongful death case<\/span> are fairly straightforward, but coping with the legal process<\/span> after the death of a family member may not be for everyone.<\/p>\n

California<\/span> Wrongful Death Laws<\/span><\/strong><\/h2>\n

In California<\/span>, a wrongful death is any death caused by a wrongful act<\/span> or neglect. A wrongful act<\/span> may result from careless behavior, such as\u00a0car\u00a0or workplace accidents, or from\u00a0negligence, as in medical malpractice<\/span><\/a> or nursing home deaths. Family members can also file wrongful death suits<\/span> in product liability cases<\/a> if a victim dies because of defective or damaged products.<\/p>\n

Who Can File a Wrongful Death Lawsuit<\/span><\/strong><\/h3>\n

Under the California<\/span> Code of Civil Procedure<\/span><\/a>, immediate family members can file a wrongful death claim<\/span>. Immediate family members are:<\/p>\n