What to Know About Wrongful Death Claims in California

You are likely looking to file a wrongful death claim if you have lost a loved one prematurely due to another party’s negligence. To learn more about filing a wrongful death claim in California and what to expect, continue reading. If you require assistance with your upcoming claim, do not hesitate to reach out to our experienced California personal injury firm.

What is wrongful death?

When an individual is killed due to the negligence of another party or entity in California, this is considered a wrongful death. A wrongful death claim can assist you in recovering compensation for the emotional and financial burdens caused by the loss of your loved ones. The damages that you can recover in a wrongful death claim include the following:

  • Final medical or hospital bills that the deceased party incurred before passing
  • Lost income and future wages of the deceased party
  • Loss of community, affection, love guidance, and moral support
  • Loss of anticipated financial support
  • The value of household services provided by the deceased individual
  • Funeral expenses

Who can file a wrongful death claim in California?

Only certain family members may bring a wrongful death claim in the state of California. Only the following relatives are permitted to bring a wrongful death claim according to the California Code of Civil Procedure section 337.60:

  • A surviving spouse
  • Surviving children
  • A surviving domestic partner
  • A stepchild that was financially dependent on the deceased party
  • A “putative spouse” and their children that were financially dependent on the deceased party
  • Financially dependent parents of the deceased party

What is the statute of limitations for wrongful death claims in California?

The statute of limitations for wrongful death claims is generally two years in the state of California. This means that you will have two years from the date of death of your loved one to take legal action against the negligent party responsible for their death. It is important to understand this timeframe because if you fail to file your claim within two years, you could risk being permanently time-barred from taking legal action, losing the opportunity to recover financial compensation in this manner. To get started as soon as possible, reach out to our dedicated California wrongful death attorney today. Our legal team is prepared to work towards the compensation you deserve. To learn more about our services and how we can assist you, give our firm a call today to schedule your initial consultation.


When someone is wrongly injured in an accident, they often require financial compensation to heal. That’s where we come in. Contact the Law Offices of Brian J. O’Grady today to learn more about what our firm can do for you.