California Wrongful Death Laws

The death of a loved one is never easy for surviving family members. When it’s 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 against the perpetrator.

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

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

California Wrongful Death Laws

In California, a wrongful death is any death caused by a wrongful act or neglect. A wrongful act may result from careless behavior, such as car or workplace accidents, or from negligence, as in medical malpractice or nursing home deaths. Family members can also file wrongful death suits in product liability cases if a victim dies because of defective or damaged products.

Who Can File a Wrongful Death Lawsuit

Under the California Code of Civil Procedure, immediate family members can file a wrongful death claim. Immediate family members are:

• The decedent’s surviving spouse or domestic partner
• Adult and minor children
• “Issue” of deceased children, that is, grandchildren of any children who predeceased the victim

If there are no surviving immediate family members, others who would qualify under intestate succession can file a claim.

Some individuals can also file a wrongful death action if they were dependent on the decedent for financial support. These include:

• A putative spouse (the surviving spouse of a void or voidable marriage)
• Children of a putative spouse
• Stepchildren
• The decedent’s parents
• An unrelated minor who had lived in the decedent’s household for at least 180 days before the victim’s death, and depended on the victim for at least one-half of their support

If you have any questions about eligibility to bring a wrongful death suit, it’s a good idea to meet with a wrongful death attorney.

California’s “One Action” Rule

California’s “one action” rule requires all family members and heirs to participate in the same wrongful death action. This rule prevents individual family members from suing the same defendant multiple times for a decedent’s death, and ensures consistent judgments for all plaintiffs.

Plaintiffs must name all known heirs to the decedent’s estate when filing the lawsuit. If a potential heir refuses to participate, they become a nominal defendant and are bound by the ruling or award. A wrongful death attorney can explain the nuances of this rule for plaintiffs when they file their case.

Filing a Wrongful Death Lawsuit

To prove a wrongful death claim, the plaintiffs must show that their loved one died through another person’s negligence or intentional act. Since a wrongful death claim is a civil action, the plaintiffs must have suffered a financial loss because of the death.

A personal representative is not essential for a wrongful death action. If the decedent has no spouse or surviving children, the personal representative must bring the lawsuit. Since the “one action” rule requires all parties to file a single lawsuit, a personal representative can help coordinate the interests of all parties.

In a wrongful death suit, the burden of proof is “preponderance of the evidence.” As in any negligence case, an attorney must show that the defendant had a duty to the decedent, breached that duty, and the breach was the cause of the decedent’s death. Plaintiffs in a wrongful death suit must go a step further and also show that:

• They suffered financial loss because of the death
• Because of their relation to the decedent and the decedent’s relation to the defendant, the defendant owes them compensation for their family member’s death

For instance, in a medical malpractice death, the family must first prove that a doctor’s negligence caused their family member’s death. They must also show that the death caused them financial and emotional hardship, and that the doctor’s negligence harmed them (the family) as well as the decedent.

Available Damages

In a California wrongful death lawsuit, plaintiffs may receive both economic and non-economic damages. Plaintiffs may request:

• Medical costs for the decedent, including home care and treatment
• Income the decedent would have earned and other financial support
• Funeral costs and burial expenses
• Loss of companionship and emotional trauma

Punitive Damages

Punitive damages are not available in wrongful death lawsuits, except in two specific circumstances:

• Criminal cases: If the defendant is convicted of a felony homicide, the court may award the victim’s family punitive damages in the civil case
• Survival action: The deceased’s estate files a survival action to recover any losses suffered by the deceased, such as a nursing home negligence claim where a victim suffered negligent treatment before their death (the estate might have a cause of action on behalf of the decedent for their pain and suffering before their death, with awarding of punitive damages in some survival actions)

Punitive damages are intended to punish defendants for egregious behavior and deter them from doing so again in the future.

Deadlines for Filing

California’s wrongful death statute of limitations is two years from either the date of death or the date the cause of death could reasonably have been discovered. For medical malpractice deaths, the deadline is three years from the date of injury resulting in death or one year from the date of discovery. In all instances, the later date is used.

Let’s show how this works. A decedent has an operation and dies from an anesthesiologist’s error. The statute of limitations would be three years from the date of the operation. If the decedent had the same operation and the cause of death was a faulty artificial heart valve that was not discovered until five years later, the deadline would be one year from the date of discovering the bad valve.

California Wrongful Death Laws: Related Resources

• Wrongful Death FAQ
• Wrongful Death Claims: Time Limits and the “Discovery” Rule
• California Civil Statute of Limitations

Get Legal Advice From a California Wrongful Death Lawyer

Losing a family member or significant other, particularly if it’s caused by the actions of another, is an emotionally challenging ordeal. You have limited time to file a legal claim. To learn if you have a valid wrongful death claim against the responsible party, speak with a personal injury attorney who has experience with California wrongful death laws.