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Wrongful Death · California

California Wrongful Death Lawyers.
Devoted to your family.

If you lost a loved one because of someone else's negligence in California, you generally have two years from the date of death to bring a wrongful-death claim under CCP § 335.1. Wrongful-death actions are brought by surviving family under CCP § 377.60. We handle these cases with the compassion and discretion the situation deserves. No fee unless we win.

Updated June 2026 · Reviewed by Jeff Yates, Esq. · CA Bar #332659
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In the Days After

What to do
after a loss in California.

There is no right order. Take care of your family first. When you have a moment, these steps will protect the wrongful-death claim while you grieve.

  1. 01

    Take care of yourself and your family first.

    Funeral, family, faith. The two-year filing window is long enough that little needs to be done in the first week. Don't let an insurance adjuster rush you.

  2. 02

    Do not sign anything from an insurance company.

    An adjuster may call within days asking for a 'preliminary statement' or offering 'help with funeral costs.' Do not sign a release. Anything signed in the first weeks can foreclose the entire claim.

  3. 03

    Preserve documents and evidence.

    Police and CHP reports, autopsy report when available, medical records from the final treatment, photos of the scene if a vehicle was involved, witness contact information. Keep them in a single folder.

  4. 04

    Save the deceased's financial records.

    Pay stubs, tax returns for the last 3–5 years, benefit statements. Economic damages are projected from these documents.

  5. 05

    Note the date of death and any government involvement.

    Two-year clock for the lawsuit (CCP § 335.1). Six-month notice-of-claim deadline if a public entity is involved (Gov. Code § 911.2). The shorter clock is the trap.

  6. 06

    Identify who has standing to file.

    CCP § 377.60 lists eligible plaintiffs: spouse, domestic partner, children, descendants of deceased children, and certain dependents. We help families work this out - it's often more nuanced than it appears.

  7. 07

    Call a Devoted attorney when you're ready.

    Free, confidential, 24/7. There is no pressure. The consultation can happen at our office, your home, by phone, or by video - whichever is easiest.

Talk to a Devoted Attorney

When you're ready, we're here.

There is no pressure and no clock on this conversation. Whenever it feels right to talk, a Devoted attorney will be on the other end of the phone.

California Law That Applies

Four statutes that
control a wrongful-death case.

Who Can Sue

CCP § 377.60 - Standing.

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Surviving spouse or domestic partner, surviving children, surviving issue of deceased children, and (if the decedent left no spouse, children, or descendants) parents, siblings, and certain dependents may bring the action. Multiple eligible plaintiffs are often joined in a single suit.
Statute of Limitations

CCP § 335.1 - Two years from death.

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Two years from the date of death, not the date of the underlying injury. If a public entity is involved - a state vehicle, a city bus, a county hospital - you need to serve a notice of claim within six months under Gov. Code § 911.2.
Survival Action

CCP § 377.30 + SB 447 - Pre-death damages.

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A survival action runs parallel to the wrongful-death claim, on behalf of the decedent's estate. Under SB 447 (effective Jan 2022), survival actions may recover pre-death pain, suffering, and disfigurement of the decedent - a significant change from prior California law.
Damages

CACI 3921 - Wrongful-death measure.

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Jury instruction lays out economic damages (financial support the decedent would have provided, household services, funeral and burial) and non-economic damages (loss of love, companionship, comfort, care, affection, moral support, training, guidance, and - for a spouse - sexual relations).
Compensation Available to the Family

No amount of money
restores a loss.

But the law recognizes what a family has lost and what the decedent suffered. Past results do not guarantee a similar outcome.

Economic Damages
  • Financial support the decedent would have provided
  • Value of household services lost
  • Funeral and burial expenses
  • Gifts and benefits the family would have received
  • Lost benefits (pension, insurance, retirement contributions)
  • Survival action: decedent's medical bills + lost wages pre-death
Non-Economic Damages
  • Loss of love, companionship, comfort, and care
  • Loss of affection, moral support, and guidance
  • Loss of training and guidance (for children)
  • Loss of sexual relations (for surviving spouse)
  • Survival action under SB 447: decedent's pre-death pain and suffering
  • Loss of society and protection

Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case.

Common Causes

How California fatal-injury cases arise.

  • Fatal car accidents
    DUI, distracted driving, speeding, multi-vehicle highway collisions.
  • Truck and 18-wheeler crashes
    Disproportionately fatal due to mass and speed. FMCSA evidence preservation is critical.
  • Motorcycle and bicycle fatalities
    Vulnerable-road-user crashes, often with severe injuries upstream of death.
  • Pedestrian fatalities
    Crosswalk, parking lot, residential street crashes.
  • Fatal slip-and-fall incidents
    Particularly affecting older adults - hip fractures can lead to fatal complications.
  • Fatal dog attacks
    Rare but real, often involving multiple animals or attacks on children/elders.
What We Investigate

Evidence the case is built on.

  • Police, CHP, and coroner reports
    Often the foundation of the liability investigation.
  • Autopsy and medical examiner findings
    Cause of death, contributing conditions, time of death.
  • Scene reconstruction
    Accident-reconstruction experts retained to model what happened.
  • Vehicle data (ECM, ELD, dash cam)
    Speed, braking, hours-of-service, distracted-driving events.
  • Economic loss projection
    Forensic economist projects lifetime earnings and lost financial support.
  • Family impact statements
    Carefully prepared declarations from each surviving family member, used to document non-economic losses.
Talk to a Devoted Attorney

When you're ready, talk to a real California attorney.

Free, confidential, 24/7. Jeff Yates, Derek Waldron, or Jeff Waldron will be on the line - not an intake clerk, not a callback. Two of the three are fluent in Spanish.

What Happens After You Call

Three steps.
No fee unless we win.

01

Free, confidential case review.

Call (888) 760-2529 or send the form. A licensed California attorney calls back, usually within the hour. There is no pressure and no obligation.

02

We handle the investigation.

Preservation letters, document requests, scene investigation, expert retention. The family is shielded from contact with adjusters and defendants.

03

We pursue the case to resolution.

Demand, negotiation, and - if the insurer won't pay fair value - litigation. Throughout, we keep the family informed and protect what privacy we can.

Case Results

Real results.
For real clients.

Names withheld for privacy, facts preserved for transparency. Each case is unique - yours included.

See all case results
Rollover Accident
Oceanside, CA · 2025
Recovered
$1.3M
$300K offered4.3×

A high school student sustained serious injuries requiring arm surgery after being involved in a rollover accident as a passenger. The incident occurred while exiting Interstate 5.

Read the case study
Bicycle Accident
Twentynine Palms, CA · 2025
Recovered
$600K
$30K offered20×

During an evening bike ride in Twentynine Palms, a father was struck by a distracted driver who ran a stop sign, leaving him with multiple fractures and requiring several surgeries.

Read the case study
Dog Bite
Sacramento, CA · 2023
Recovered
$505K
$100K offered

Walking his French bulldog in the morning, our client was suddenly attacked by a Cane Corso. He sustained multiple injuries, including bite wounds to his thigh, a chipped tooth, forehead abrasions, and a back injury.

Read the case study

Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case. Each case is different and depends on its unique facts, the applicable law, and the available insurance coverage.

No Victory · No Fee

You pay nothing unless we win your case.

We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.

Wrongful Death FAQ

California wrongful-death questions, answered.

Who can file a California wrongful-death claim?
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California Code of Civil Procedure § 377.60 lists the people who have standing: the surviving spouse or domestic partner, surviving children, surviving issue of deceased children, and certain financial dependents. If the decedent left no spouse, children, or descendants, parents and siblings may have standing in certain circumstances.
How long do I have to file a California wrongful-death lawsuit?
+
Two years from the date of death under CCP § 335.1 - not the date of the underlying injury. If a public entity is involved (a city bus, a state-maintained roadway, a county hospital), you need to serve a notice of claim within six months under Gov. Code § 911.2. Miss either deadline and you may lose your right to recover.
What is the difference between a wrongful-death claim and a survival action?
+
Two parallel claims that often run together. A wrongful-death claim (CCP § 377.60) compensates the surviving family for their own losses - financial support, services, companionship. A survival action (CCP § 377.30) is brought on behalf of the decedent's estate to recover what the decedent could have recovered if they had lived (medical bills before death, lost wages during the period of injury, and - under recent law - pre-death pain and suffering).
Can I recover pain and suffering for what my loved one went through before they died?
+
Yes - California changed this rule. Under SB 447 (effective January 2022), survival actions can recover pre-death pain, suffering, and disfigurement of the decedent. Before SB 447, those damages died with the person. The new law dramatically increased the value of California survival actions.
What kinds of damages can a wrongful-death claim recover?
+
Two categories. Economic damages: the financial support the decedent would have provided, the value of household services, funeral and burial costs, gifts and benefits. Non-economic damages: the loss of love, companionship, comfort, care, affection, moral support, and (for a surviving spouse) loss of consortium. CACI 3921 governs the jury instruction.
What about funeral and burial expenses?
+
Reasonable funeral and burial expenses are recoverable in a California wrongful-death claim. We routinely document and include these as part of the economic-damages claim - including memorial costs, cemetery plot, casket or urn, and service costs.
What if my loved one was partly at fault for the accident?
+
California uses pure comparative negligence. The recovery is reduced by the decedent's share of fault, but the family can still recover even if the decedent was mostly at fault. Example: $1,000,000 in damages, decedent 30% at fault - recovery is $700,000. CACI 405 governs.
How much does it cost to hire a Devoted wrongful-death attorney?
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We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.
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