Losing a loved one because of someone else’s negligence is devastating. Beyond the emotional impact, families are often left with medical bills, funeral costs, and the sudden loss of financial support. In California, a wrongful death claim allows surviving family members to pursue compensation and hold the responsible party accountable.
This guide explains who can file, what damages are available, how these cases work, and how Infinity Law Group supports families through every step.
What Is a Wrongful Death Claim in California?
A wrongful death claim arises when a person dies due to another party’s negligence, recklessness, or intentional act. These claims are governed by California Code of Civil Procedure § 377.60, which outlines who can file and what compensation is available.
Wrongful death cases often stem from:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian or bicycle collisions
- Medical malpractice
- Dangerous property conditions
- Defective products
- Workplace accidents
- Violent acts or criminal conduct
The purpose of a wrongful death claim is to compensate surviving family members for their losses, not the losses of the deceased.
Who Can File a Wrongful Death Claim in California?
California law limits who can bring a wrongful death action. Eligible parties include:
Primary Beneficiaries
- Surviving spouse or domestic partner
- Children
- Grandchildren (if the deceased’s children are also deceased)
If No Primary Beneficiaries Exist
Individuals who would inherit under California intestate succession laws may file, such as:
- Parents
- Siblings
- Nieces or nephews
Financial Dependents May Also Qualify
Even if not related by blood or marriage, the following may file if they were financially dependent on the deceased:
- Stepchildren
- Putative spouses
- Children of a putative spouse
Infinity Law Group helps families determine exactly who has standing to file.
Wrongful Death vs. Survival Action: What’s the Difference?
Many families don’t realize that California allows two separate claims:
1. Wrongful Death Claim
Compensates surviving family members for their own losses, such as financial support and companionship.
2. Survival Action
Compensates the estate for the losses suffered by the deceased before death, such as:
- Medical bills
- Lost wages
- Pain and suffering (in limited circumstances)
- Property damage
Both claims can be filed together, and Infinity Law Group handles the full process.
What Damages Can Families Recover?
California allows families to recover both economic and non‑economic damages.
Economic Damages
- Funeral and burial expenses
- Loss of financial support
- Loss of household services
- Loss of future benefits
- Medical expenses (via survival action)
Non‑Economic Damages
- Loss of love, companionship, and comfort
- Loss of guidance and support
- Loss of consortium (for spouses)
California does not cap wrongful death damages except in medical malpractice cases.
How Long Do You Have to File a Wrongful Death Claim?
The statute of limitations in California is generally:
- 2 years from the date of death
However, exceptions apply:
- Medical malpractice: 3 years from injury or 1 year from discovery
- Government entities: A government claim must be filed within 6 months
Missing these deadlines can bar your claim entirely.
Common Challenges in Wrongful Death Cases
Wrongful death cases are often complex because they involve:
- Multiple liable parties
- Insurance disputes
- Conflicting witness statements
- High financial stakes
- Expert testimony (accident reconstruction, economics, medical experts)
- Emotional trauma for surviving family members
Infinity Law Group handles all legal and investigative work so families can focus on healing.
How Infinity Law Group Helps Families After a Wrongful Death
We approach wrongful death cases with compassion, urgency, and meticulous preparation. Our team:
- Conducts a full investigation
- Identifies all liable parties
- Works with accident reconstruction and economic experts
- Calculates full lifetime financial losses
- Handles all communication with insurance companies
- Files both wrongful death and survival actions
- Prepares every case as if it will go to trial
We represent families on a contingency fee basis, meaning you pay nothing unless we win.
When to Contact a California Wrongful Death Lawyer
If you lost a loved one due to negligence, you should speak with an attorney as soon as possible. Evidence can disappear quickly, and strict deadlines apply.
Infinity Law Group is here to help you understand your rights, protect your family’s future, and pursue justice for your loved one.
