📋 What is a Wrongful Death Claim?

A wrongful death claim allows certain surviving family members to recover compensation when a loved one dies due to another party's negligence, recklessness, or intentional misconduct. In California, wrongful death claims are governed by Code of Civil Procedure sections 377.60-377.62, which specify who can bring a claim and what damages are recoverable.

When to Use This Guide

Use this guide if your loved one died due to:

🚗 Vehicle Accidents

Car crashes, truck accidents, motorcycle collisions, pedestrian or cyclist deaths caused by negligent drivers

🏥 Medical Malpractice

Surgical errors, misdiagnosis, medication mistakes, birth injuries, hospital negligence (MICRA caps may apply)

🛠 Workplace Accidents

Construction site deaths, industrial accidents, toxic exposure (may pursue third-party claims beyond workers' comp)

🚧 Dangerous Products

Defective vehicles, dangerous drugs, malfunctioning equipment, toxic substances

💡 Wrongful Death vs. Survival Action

California recognizes two distinct claims when someone dies due to another's fault:

  • Wrongful Death (CCP 377.60): Brought by surviving heirs for their own losses - loss of financial support, loss of love and companionship, funeral expenses
  • Survival Action (CCP 377.30): Brought by the estate for damages the decedent suffered before death - pain and suffering from injury to death, medical bills, lost wages

Both claims can be pursued simultaneously but have different plaintiffs and damage calculations.

Who Can Sue Under CCP 377.60

👪 First Priority: Surviving Spouse & Children

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The surviving spouse and children of the decedent have first priority to bring a wrongful death action. This includes:

  • Legal spouse (including same-sex spouse)
  • Registered domestic partner
  • Biological children
  • Legally adopted children
  • Stepchildren who were financially dependent on decedent

👥 If No Spouse/Children: Other Heirs

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If there is no surviving spouse or children, those who would take the decedent's property by intestate succession may sue. This typically includes:

  • Parents of the decedent
  • Siblings of the decedent
  • Grandparents or other relatives under California's intestacy laws

🤝 Putative Spouse & Dependents

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CCP 377.60(b) also allows claims by:

  • Putative spouse: Someone who believed in good faith they were legally married to decedent
  • Children of putative spouse
  • Stepchildren: If financially dependent on decedent at time of death
  • Parents: If financially dependent on decedent (applies if decedent was supporting parents)
  • Minor children: Who resided with decedent and were dependent for at least 50% of support

⚠ Time is Critical

California has a 2-year statute of limitations for wrongful death claims under Code of Civil Procedure 335.1. The clock starts from the date of death. Claims against government entities require filing a claim within 6 months. Evidence deteriorates and witnesses forget - consult an attorney immediately.

✅ Evidence Checklist

Gather these documents before sending your demand letter. Click to check off items as you collect them.

📜 Death Documentation

  • ✓ Certified death certificate
  • ✓ Autopsy report (if performed)
  • ✓ Coroner's report
  • ✓ Police or incident report

👪 Relationship Documentation

  • ✓ Marriage certificate or domestic partnership registration
  • ✓ Birth certificates of children
  • ✓ Proof of dependency (for stepchildren, parents)
  • ✓ Letters of administration or executor documentation

💰 Financial Records

  • ✓ Decedent's tax returns (last 3-5 years)
  • ✓ Pay stubs and employment records
  • ✓ Employer verification of salary and benefits
  • ✓ Documentation of financial contributions to household
  • ✓ Benefits documentation (health insurance, retirement)

🏥 Medical Records

  • ✓ All medical records from injury to death
  • ✓ Hospital admission and discharge records
  • ✓ Emergency room records
  • ✓ All medical bills incurred before death

🗓 Funeral Expenses

  • ✓ Funeral home contract and receipts
  • ✓ Burial or cremation expenses
  • ✓ Cemetery plot and headstone costs
  • ✓ Memorial service expenses

📷 Incident Evidence

  • ✓ Photos or videos of accident scene
  • ✓ Witness statements and contact information
  • ✓ Expert reports (accident reconstruction, medical)
  • ✓ Defendant's insurance information

🔒 Preserve All Evidence

Send a spoliation letter to the defendant immediately demanding they preserve all evidence including surveillance footage, vehicle data recorders, maintenance records, and employee files. Evidence critical to your case may be destroyed or lost if not preserved promptly.

💰 Calculate Your Damages

Wrongful death damages in California compensate surviving family members for their losses. These are separate from damages in a survival action brought by the estate.

Category Description
Loss of Financial Support The present value of the income and financial contributions decedent would have provided to family over their expected lifetime
Loss of Household Services Value of services decedent provided: childcare, home maintenance, cooking, cleaning, transportation
Funeral and Burial Expenses Reasonable costs of funeral, burial or cremation, memorial services, headstone
Loss of Love and Companionship Loss of society, comfort, care, affection, and moral support from the relationship
Loss of Training and Guidance For minor children: value of parental guidance, training, and education they will not receive
Loss of Consortium For spouse: loss of marital relationship, intimacy, and partnership

Survival Action Damages (Estate's Claim)

Category Description
Pre-Death Pain and Suffering Physical pain, emotional distress, and anguish decedent experienced from injury until death
Pre-Death Medical Expenses All medical treatment costs from injury to death
Pre-Death Lost Wages Income decedent lost from date of injury to date of death

💡 No Cap on Non-Economic Damages (Generally)

California does NOT cap non-economic damages in most wrongful death cases. You can recover full compensation for loss of love, companionship, and consortium without arbitrary limits. However, MICRA caps DO apply to medical malpractice wrongful death cases.

📊 Sample Damages Calculation

Example: 45-year-old primary wage earner, spouse and two minor children

Lost income (20 years x $100,000, present value) $1,450,000
Lost benefits (health insurance, retirement) $320,000
Lost household services $280,000
Funeral and burial expenses $18,000
Loss of love and companionship (spouse) $500,000
Loss of parental guidance (2 children) $400,000
Pre-death pain and suffering (survival action) $150,000
TOTAL DEMAND AMOUNT $3,118,000

💰 Economic Expert Calculation

For substantial wrongful death claims, hire a forensic economist to calculate the present value of lost income and benefits. Courts give significant weight to expert calculations that account for inflation, career trajectory, life expectancy tables, and discount rates.

📝 Sample Language

Copy and customize these paragraphs for your demand letter.

Opening Paragraph
This firm represents [SURVIVING SPOUSE/FAMILY MEMBERS], the [surviving spouse and children / heirs] of [DECEDENT'S NAME], who died on [DATE OF DEATH] as a direct result of [YOUR CLIENT/INSURED'S] negligence. We are writing to demand compensation for the wrongful death of [DECEDENT] and the significant damages our clients have suffered as a result.
Standing Under CCP 377.60
Our clients are entitled to bring this wrongful death action pursuant to California Code of Civil Procedure Section 377.60. [SPOUSE NAME] is the surviving spouse of the decedent, and [CHILDREN'S NAMES] are the decedent's minor children. As the decedent's surviving spouse and children, they have first priority standing under California law and have suffered substantial pecuniary and non-economic losses as a result of this wrongful death.
Liability Statement
The death of [DECEDENT] was directly and proximately caused by [DEFENDANT'S] negligence. On [DATE OF INCIDENT], [DESCRIBE THE NEGLIGENT ACT - e.g., "your insured failed to maintain a safe premises" or "your insured operated a motor vehicle in a negligent manner"]. This conduct breached the duty of care owed to the decedent and directly resulted in [his/her] death. [DEFENDANT] is fully liable for all damages arising from this wrongful death under California law.
Damages Summary
As a direct result of [DEFENDANT'S] negligence, our clients have suffered the following damages pursuant to CCP 377.61: Loss of Financial Support: [DECEDENT] was a [AGE]-year-old [OCCUPATION] earning approximately $[ANNUAL INCOME] per year. Based on actuarial tables and present value calculations, the loss of financial support over the decedent's remaining work life expectancy is approximately $[AMOUNT]. Funeral and Burial Expenses: Our clients have incurred $[AMOUNT] in funeral, burial, and memorial expenses. Loss of Love, Companionship, and Consortium: The surviving spouse has lost the love, companionship, comfort, care, assistance, protection, affection, society, and moral support of a [NUMBER]-year marriage. The minor children have lost the training, guidance, and parental relationship they would have received from their [father/mother]. The full documentation of these damages is attached hereto.
Demand and Deadline
Based on the foregoing, we hereby demand the policy limits of $[POLICY LIMITS] in full settlement of our clients' claims. Given the clear liability and the extent of damages far exceeding your policy limits, this demand represents a significant benefit to your insured by resolving claims that could otherwise result in a judgment far in excess of available coverage. Please respond to this demand within [30 DAYS] of the date of this letter. Time is of the essence, as the statute of limitations under CCP 335.1 continues to run. If we do not receive a satisfactory response, we will proceed with filing a wrongful death action in California Superior Court.

🚀 Next Steps

What to do after sending your demand letter.

Expected Timeline

Days 1-14

Insurance company receives demand and assigns claims adjuster

Days 14-45

Adjuster investigates liability, reviews documentation, and evaluates claim

Days 45-90

Response with settlement offer, request for additional information, or denial

If They Don't Pay or Lowball You

  1. Consult a Wrongful Death Attorney Immediately

    Wrongful death cases are complex and typically require expert testimony. Most wrongful death attorneys work on contingency (no fee unless you win), typically 33-40%. Attorney representation significantly increases average recovery and handles complex procedural requirements.

  2. Gather Additional Evidence

    Hire experts as needed: accident reconstructionists, forensic economists, medical experts to establish cause of death. Expert testimony is often critical to proving liability and damages.

  3. File a Lawsuit Before the Deadline

    If settlement cannot be reached, file a wrongful death complaint in California Superior Court before the 2-year statute of limitations expires. Filing preserves your rights and often accelerates settlement negotiations.

⚠ Claims Against Government Entities

If the death was caused by a government employee or on government property (police shooting, state hospital negligence, city vehicle accident), you must file a government tort claim within 6 months of the death under the California Tort Claims Act (Gov. Code 911.2). This is a strict deadline that cannot be extended. Missing it bars your wrongful death claim entirely.

⚠ Multiple Heirs - Joinder Required

Under CCP 377.60(a), all heirs must join in a single wrongful death action. If multiple family members have claims (spouse, children, dependent parents), they must coordinate to file together or risk waiving some claims. An experienced attorney can help navigate family dynamics and ensure all entitled heirs are included.

Need Legal Help?

Wrongful death cases require specialized expertise. Get a 30-minute strategy call with an attorney to evaluate your case and discuss next steps.

Book Consultation - $125

California Resources

  • California Courts Self-Help: selfhelp.courts.ca.gov - Forms and instructions
  • State Bar Lawyer Referral: calbar.ca.gov/Public/Need-Legal-Help
  • CCP 377.60-377.62: leginfo.legislature.ca.gov - Wrongful death statutes
  • Government Claims: vic.ca.gov - Victim Compensation Board for crime-related deaths