Losing a loved one because of someone else's negligence or wrongful conduct is one of the most difficult experiences a family can face. California law allows certain surviving family members to bring a wrongful death claim against the person or business responsible. Robert M. Mansour can help you understand your rights and evaluate your claim. Call or text today for a free consultation.
What Is a Wrongful Death Claim?
A wrongful death action is a statutory right to sue a person or business whose negligent, reckless, or intentional conduct caused another person's death. A wrongful death claim may generally be brought in any case where the deceased person could have brought a personal injury lawsuit had they survived.
Who Can Bring a Wrongful Death Claim in California
Under California Code of Civil Procedure Section 377.60, the following individuals are generally eligible to file a wrongful death claim:
- Surviving spouse or registered domestic partner
- Children — biological or legally adopted
- Issue of deceased children — grandchildren, if the deceased's children are also deceased
The statute also allows these people to sue:
- Dependents who were financially dependent on the deceased, such as parents
- Heirs who would be entitled to the deceased's property under California's intestate succession laws, such as siblings (when there is no surviving issue)
What Must Be Proven
To prevail in a wrongful death claim, the plaintiffs generally must establish:
- Death of a human being
- Caused by another's negligence or intentional act — including careless, reckless, or intentional conduct
- Losses suffered by the heirs — financial, emotional, or other damages
- Causation — a direct link showing the defendant's conduct was a substantial factor in causing the death
Damages That May Be Recovered
Economic Damages
- Loss of the financial support the deceased would have provided
- Funeral and burial expenses
- Loss of household services the deceased provided, such as childcare
- Medical expenses incurred before death
Non-Economic Damages
- Loss of companionship, comfort, care, protection, and moral support
- Loss of consortium (for a surviving spouse or partner)
- Loss of the guidance and training the deceased would have provided, particularly relevant for minor children
Damages recoverable by the decedent's estate (through a related survival action) are generally limited to the loss the decedent sustained before death, such as pre-death medical expenses and lost earnings, and punitive damages the decedent could have recovered (Code of Civil Procedure section 377.34). Damages for the decedent's pain and suffering are recoverable only in survival actions filed before January 1, 2026. This is a distinct but related claim from the wrongful death action itself, and the two are often pursued together.
How Much Time You Have to File — the Deadlines Are Not All the Same
Wrongful death claims are subject to strict filing deadlines, and the deadline depends heavily on the circumstances of the death:
- Most cases: Under Code of Civil Procedure Section 335.1, the general statute of limitations is two years from the date of death.
- Medical malpractice deaths: Under Code of Civil Procedure Section 340.5, claims arising from medical negligence must generally be filed within three years from the date of the injury, or one year from the date the injury was discovered or reasonably should have been discovered — whichever comes first.
- Claims against a government entity or municipality: If a public entity (such as a city, county, or state agency) may be responsible, a formal claim must generally be filed within six months of the death under the California Government Claims Act — far shorter than the standard two-year window.
Because these deadlines vary significantly and can be affected by the specific facts of a case, it's important to speak with an attorney as early as possible so your claim isn't jeopardized by a missed filing deadline.
Frequently Asked Questions
How long do I have to file a wrongful death claim in California?
In most cases, you have two years from the date of death. However, medical malpractice claims and claims against a government entity have shorter or different deadlines, so it's important to consult an attorney promptly.
Who is entitled to bring a wrongful death claim?
Generally, a surviving spouse, domestic partner, or children. Others, such as financially dependent parents, may also qualify under Code of Civil Procedure section 377.60.
Can the estate recover damages for the decedent's own pain and suffering?
Under Code of Civil Procedure section 377.34, those damages are recoverable in a survival action only if the action was filed before January 1, 2026. Otherwise, survival damages are generally limited to the loss the decedent sustained before death and punitive damages the decedent could have recovered.
Is a wrongful death claim the same as a survival action?
No. A wrongful death claim compensates surviving family members for their own losses. A survival action is a separate claim brought on behalf of the decedent's estate for damages the decedent could have recovered had they lived, such as pre-death medical expenses and lost earnings.
Talk to a Santa Clarita Wrongful Death Attorney Today
If you've lost a loved one due to someone else's negligence, contact the Law Office of Robert M. Mansour to understand your rights, evaluate your claim, and get honest, compassionate guidance. We serve Santa Clarita, Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and the surrounding Santa Clarita Valley. Call or text today for a free consultation.
Santa Clarita, CA wrongful death attorney Robert Mansour can help advise you and offer you guidance regarding your case. He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at 661-414-7100 for a free consultation and evaluation of your case. You can also fill out our Free Case Evaluation form.