How Does a Wrongful Death Claim Work in California?

A wrongful death claim lets certain family members recover their own losses when someone else’s wrongful act or neglect causes a death. Under Code of Civil Procedure section 377.60, they include the surviving spouse or domestic partner and the children. The lawsuit is generally due within two years of the death (section 335.1). The Law Offices of J. Chrisp offers a free consultation and answers calls 24/7 at 877-J-CHRISP (877-524-7477).

Table of Contents

Who can file a wrongful death claim in California?

Code of Civil Procedure section 377.60 sets out who may bring the claim. It includes the surviving spouse or domestic partner and the children of the person who died. In some cases, it also includes heirs, such as parents, and certain dependent family members, such as stepchildren.

The claim compensates those family members for losses they suffer as a result of the death.

Wrongful death claim vs. survival action

Two different claims can arise from a death caused by someone else’s wrongful act or neglect. They are a wrongful death claim under section 377.60 and a survival action on the claim the person who died could have brought (Code of Civil Procedure sections 377.30 and 377.34).

	Wrongful death claim	Survival action
Who brings it	Family members listed in section 377.60	The personal representative of the person who died or, if none, the successor in interest
Whose losses	The family’s losses from the death	The losses the person who died sustained or incurred before death
Statute	Code of Civil Procedure section 377.60	Code of Civil Procedure sections 377.30 and 377.34

What changed on January 1, 2026

Under Code of Civil Procedure section 377.34, a survival action generally cannot recover damages for the pain, suffering or disfigurement of the person who died. A temporary exception from SB 447 (2021) allowed those damages in survival actions filed on or after January 1, 2022, and before January 1, 2026. It also covered actions granted trial preference before January 1, 2022. Survival actions filed on or after January 1, 2026 fall under the general rule. As of October 2026, SB 29, a bill to extend that exception, had not become law.

A survival action can still recover the losses the person sustained or incurred before death, such as the reasonable cost of necessary medical care and earnings lost before death. The family’s wrongful death claim under section 377.60 is a separate claim.

Deadlines for a wrongful death claim

Deadline	What it controls	Source
6 months after accrual	Written claim when a public entity, such as a city, county or the state, may be responsible	Government Code section 911.2
Generally 6 months after the rejection notice	Lawsuit after a public entity rejects the claim and gives written notice; the time runs from delivery or mailing of the notice	Government Code section 945.6
Generally 2 years	Wrongful death lawsuit; the claim usually accrues on the date of death	Code of Civil Procedure section 335.1

Most wrongful death lawsuits must be filed within two years (Code of Civil Procedure section 335.1). The California Supreme Court has said that, at least as a usual matter, a wrongful death claim accrues on the date of death (Norgart v. Upjohn Co., 1999). If a public entity may be responsible, a written claim is due within six months after the cause of action accrues (Government Code section 911.2). If that deadline is missed, a written application to present a late claim may be made within a reasonable time, no later than one year after accrual, with exceptions listed in Government Code section 911.4. If the entity rejects the claim and gives written notice, a lawsuit is generally due within six months after the notice is personally delivered or mailed (section 945.6). If no written notice is given, the deadline is two years from when the cause of action accrued.

Wrongful death case results

Results the firm has obtained in wrongful death cases, as shown on its case results page, include:

$4,000,000 in a wrongful death case
$2,250,000 in a wrongful death case
$2,250,000 in a Valley Fire wrongful death case

Every case is different, and prior results do not guarantee a similar outcome.

Service area and offices

The Law Offices of J. Chrisp serves families in Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area, including Marin County.

The firm’s main office is in Lower Lake at 9667 Highway 29. Its other offices are in Santa Rosa at 3558 Round Barn Blvd, Suite 200, and in San Francisco at 1330 Bush Street, Suite 9D. For a fatal crash in Sonoma County, see the firm’s Santa Rosa wrongful death lawyer page.

Frequently asked questions

Who can file a wrongful death lawsuit in California?

How long do I have to file a wrongful death claim in California?

A wrongful death lawsuit generally must be filed within two years under Code of Civil Procedure section 335.1, and the claim usually accrues on the date of death. If a public entity may be responsible, a written claim is due within six months after the cause of action accrues (Government Code section 911.2). A late-claim application may be made within a reasonable time, no later than one year after accrual, with exceptions (Government Code section 911.4).

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates certain family members for their own losses from the death. A survival action is brought by the personal representative or successor in interest of the person who died. It covers losses that person sustained or incurred before death, such as reasonable medical costs and earnings lost before death.

How much does a wrongful death lawyer cost?

The Law Offices of J. Chrisp offers a free consultation and works on a contingency fee. There is no fee unless we win.

If you lost a family member in a crash or other incident caused by someone else’s negligence, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.