When someone dies because of another person's or company's negligence or wrongful act, California law lets the family bring a wrongful death claim. The rules are set by statute, and the details (who may sue, which losses count, how long you have) decide whether a claim succeeds. This guide covers the essentials.
Who can file (CCP § 377.60)
California Code of Civil Procedure section 377.60 decides who has standing to sue:
- First in line: the surviving spouse or registered domestic partner, the children, and the children of any deceased child.
- If none of those survive: anyone who would inherit the person's property under California's intestate succession laws, such as parents or siblings.
- If financially dependent: a putative spouse and that spouse's children, stepchildren, and parents may sue if they depended on the person who died.
- Certain minors: a minor who lived in the person's household for the 180 days before death and received at least half of their support from the person.
California generally requires all eligible heirs to bring their claims together in a single lawsuit, so it is important to identify every heir at the start.
What a family can recover
Economic damages
- The financial support the person would have provided over their expected lifetime
- The loss of gifts and benefits the family would have received
- Funeral and burial expenses
- The reasonable value of household services the person would have provided
Non-economic damages
The family may also recover for the loss of the person's love, companionship, comfort, care, assistance, protection, affection, society, and moral support, and for children, the loss of training and guidance. Under California's jury instructions, jurors may not award damages for the family's grief or sorrow as such. The award is for what the family lost, not for their pain in losing it. Punitive damages are not available in the wrongful death claim itself, but may be available in a survival action.
Outside medical malpractice, California places no statutory cap on wrongful death damages.
Survival actions and the 2026 change
A survival action (CCP §§ 377.30–377.34) is a separate claim brought by the estate for losses the person suffered before death, such as medical expenses, lost earnings, and in appropriate cases, punitive damages. It is usually filed together with the wrongful death claim.
For several years, a temporary law (SB 447) also let the estate recover the person's pre-death pain and suffering. That provision applied to cases filed from January 1, 2022 through December 31, 2025, and it has now expired. For cases filed on or after January 1, 2026, pain and suffering damages are generally not recoverable in a survival action.
There is an important exception for older and dependent adults. Under the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code § 15657), when abuse or neglect is proven by clear and convincing evidence of recklessness, oppression, fraud, or malice, the estate can still recover the person's pre-death pain and suffering (subject to a statutory cap), along with attorney's fees. This is often the most important claim in a nursing home death.
Deadlines
- Most wrongful death cases: two years from the date of death (CCP § 335.1).
- Claims against a government entity (a public hospital, county jail, or city, for example): a written claim usually must be presented within six months (Gov. Code § 911.2) before a lawsuit can be filed.
- Medical negligence: generally one year from when the family discovered, or should have discovered, the cause of death, and no more than three years from the injury (CCP § 340.5).
Evidence disappears quickly: video is overwritten, staffing records are “lost,” and witnesses move on. Acting early protects both the deadline and the proof.
Medical negligence and MICRA caps
When the defendant is a health care provider, California's Medical Injury Compensation Reform Act (MICRA), as amended in 2023, caps non-economic damages. In wrongful death cases the cap began at $500,000 in 2023 and increases by $50,000 each year until it reaches $1,000,000; in 2026 it is $650,000. Separate caps can apply to different categories of defendants (for example, individual providers and health care institutions), so the total available can be higher. Whether a facility is a “health care provider” for MICRA purposes, and whether a claim is really medical negligence or elder abuse, can change a case's value dramatically.
Deaths in nursing homes and care facilities
Nursing homes, assisted living and memory care facilities, rehab centers, and psychiatric facilities take on legal duties when they accept a resident or patient. Common causes of preventable death include untreated pressure injuries (bed sores), falls, dehydration and malnutrition, medication errors, choking, wandering and elopement, and failure to get a resident to a hospital in time.
- Elder Abuse Act claims (Welf. & Inst. Code § 15600 et seq.) can provide pain and suffering damages and attorney's fees when neglect is reckless.
- Resident rights claims (Health & Safety Code § 1430(b)) allow suits against skilled nursing facilities for violating residents' rights.
- Arbitration agreements are common in admission paperwork. Family members who did not sign one are often not bound by it for their own wrongful death claims, though there are exceptions.
Learn more about facility wrongful death cases and nursing home elder neglect.
Suicide in a facility
Facilities often argue that a suicide was the person's own choice and that nobody else is responsible. California law does not automatically accept that argument. When a facility has custody or care of a person it knows, or should know, is at risk, it must take reasonable precautions: assessment, observation, safe rooms, medication management, and following its own protocols. When the very harm the facility was supposed to guard against happens, the suicide does not necessarily break the chain of responsibility.
These are among the hardest wrongful death cases to win, but they can be won. Gavin Long obtained an $11,000,000 verdict, the largest facility suicide verdict in California history, after the defendants offered a combined $450,000. See suicide in a care facility.
Settlement or trial?
Most wrongful death cases resolve by settlement, often after the key depositions and expert work are done, or at mediation. A settlement gives the family certainty and ends the case sooner. A trial puts the decision in the hands of a jury, which can award far more than the insurer offered, or less.
The strongest settlements come from cases prepared for trial, handled by a lawyer the insurer knows will try the case. Insurers track which lawyers go to verdict and set their offers accordingly. California's offer-to-compromise statute (CCP § 998) also matters: a family that makes a reasonable offer the defense rejects can recover certain costs and interest if the verdict beats it. Read more about what separates a wrongful death trial lawyer.
Frequently asked questions
Who can file a wrongful death lawsuit in California?
Under Code of Civil Procedure section 377.60, the surviving spouse or registered domestic partner and the children of the person who died have the primary right to sue. If there are none, the right passes to those who would inherit under intestate succession. Stepchildren, parents, and certain others may also sue if they were financially dependent on the person who died.
How long do I have to file a wrongful death claim in California?
Generally two years from the date of death (CCP § 335.1). If a public entity is involved, a government claim usually must be presented within six months (Gov. Code § 911.2). Medical negligence claims have shorter, separate deadlines (CCP § 340.5). Because these deadlines are unforgiving, talk to a lawyer as early as possible.
Can a family sue a facility when someone dies by suicide in its care?
Yes. When a rehab center, psychiatric facility, hospital, or other care facility accepts a person it knows or should know is at risk, it must take reasonable steps to protect that person. If the facility fails to assess, supervise, or follow its own protocols and a suicide results, the family may have a wrongful death claim. These cases are difficult, but they can be won. Harrison Gavin Long obtained an $11 million verdict in one.
Is there a cap on wrongful death damages in California?
Outside medical malpractice, California has no statutory cap on wrongful death damages. In cases against health care providers, the MICRA cap on non-economic damages applies. For wrongful death cases it started at $500,000 in 2023 and rises $50,000 each year until it reaches $1,000,000 (it is $650,000 in 2026). Separate caps can apply to different categories of health care defendants.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for their own losses: lost financial support and the loss of their loved one's love, companionship, and guidance. A survival action is brought by the estate for losses the person suffered before death, such as medical bills and lost earnings. For cases filed on or after January 1, 2026, the estate generally cannot recover the person's pre-death pain and suffering, but California's Elder Abuse Act provides an important exception.
This guide is general information about California law as of September 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case is different. For advice about your family's situation, speak with a lawyer.