Bianca Babaians
Losing a family member to someone else’s negligence is devastating. Understanding your legal options in the weeks that follow is not only difficult emotionally; it is also genuinely complex. California’s wrongful death statutes define precisely who can bring a claim, what they can recover, and how the process works. Getting these details right from the beginning can mean the difference between a full recovery and a fraction of what your family deserves.
Babaians Law Firm represents surviving family members throughout Los Angeles in wrongful death claims arising from car accidents, truck accidents, construction site deaths, premises liability, and other catastrophic incidents. Here is a complete explanation of your rights.
For a summary of damages available under California law, see: Wrongful Death Damages Available Under California Law.
A wrongful death claim is a civil lawsuit brought by the surviving family members of a person who was killed by another party’s negligence, recklessness, or intentional misconduct. It is governed by California Code of Civil Procedure §377.60–§377.62.
A wrongful death claim is separate from any criminal prosecution. Even if the responsible party is never criminally charged—or is acquitted—a civil wrongful death claim can succeed because the civil standard of proof (preponderance of the evidence, or “more likely than not”) is lower than the criminal standard (beyond a reasonable doubt).
California law specifies the order of priority for wrongful death claimants.
Surviving Spouse or Domestic Partner The surviving spouse or registered domestic partner has the primary right to bring a wrongful death claim.
Surviving Children The deceased’s children (including adopted children) are primary claimants. Adult children have the same right to file as minor children; age does not disqualify a claimant.
Surviving Issue of Deceased Children If a child of the deceased predeceased them, that deceased child’s own children (the deceased’s grandchildren) may be eligible to file.
Under CCP §377.60(b), if the deceased had no surviving spouse, domestic partner, or children, the following may bring a claim:
California law requires all eligible claimants to bring a single wrongful death action on behalf of all heirs. They cannot file separate lawsuits for the same death. If heirs disagree about how to proceed, those disputes are resolved internally. Babaians Law Firm navigates family dynamics sensitively while maintaining focus on maximizing the total recovery for all claimants.
Financial Support Lost The present value of the income, goods, and services the deceased would have provided to the surviving claimants over the remainder of their expected life. This requires expert vocational and economic analysis.
Household Services Lost The monetary value of household contributions the deceased would have made: cooking, cleaning, home maintenance, childcare. These are calculated using market replacement rates.
Funeral and Burial Expenses All reasonable funeral, burial, and related costs are recoverable.
Loss of Expected Gifts and Benefits Future financial gifts, inheritances, or other monetary benefits the surviving claimants would have received.
California wrongful death law permits recovery for:
What California Wrongful Death Law Does NOT Include Unlike some states, California does not permit surviving family members to recover damages for their own grief, sorrow, or mental anguish in a wrongful death action. This is one of the most common points of confusion for families consulting with attorneys.
For related reading on emotional distress claims in California, see: Can You Claim Emotional Distress After an Accident in California? and Suing for Emotional Distress in California Accident Cases.
Alongside the wrongful death claim, California law permits a survival action (CCP §377.30). This claim is brought by the estate of the deceased—not the surviving family members—and recovers damages the deceased person could have recovered had they survived:
Critically, survival actions also allow recovery of punitive damages if the conduct causing death was malicious or oppressive. Wrongful death actions in California do not allow punitive damages directly; the survival action is the vehicle for punitives.
In most catastrophic accident cases, Babaians Law Firm pursues both claims simultaneously, maximizing the total recovery from both theories.
California’s pure comparative fault rules apply to wrongful death claims. If the deceased person was partially at fault for the incident that caused their death, the total wrongful death recovery is reduced by their percentage of fault. However, the individual claimants’ own conduct is not at issue—only the deceased’s fault is considered.
Under California Code of Civil Procedure §335.1, a wrongful death lawsuit must generally be filed within two years of the date of death—not the date of the accident, which may differ if the deceased survived the initial incident.
Critical exceptions:
For a full breakdown of California’s filing deadlines, see: California Personal Injury Statute of Limitations Guide.
Age and Earning Capacity of the Deceased A 35-year-old with a 30-year career ahead generates far higher projected lost income than a retired individual. Expert vocational and economic testimony is essential to fully document this loss.
Number and Age of Surviving Dependents Minor children who have lost a parent, or a surviving spouse who relied substantially on the deceased’s income, present the strongest economic damages cases.
Clarity of Liability Clear-cut negligence—a drunk driver, an unmarked construction hazard, a defective product—supports premium settlements. Contested liability requires full trial preparation to achieve maximum value.
Defendant Resources A corporate defendant (trucking company, large property owner, manufacturer) with substantial insurance coverage presents different recovery dynamics than an individual with minimal assets. Babaians Law Firm analyzes all available insurance and asset information early in every case.
Yes. Adult children of the deceased are primary claimants under California CCP §377.60 and have the same standing as minor children.
Generally, parents are secondary claimants and can file only if no surviving spouse, domestic partner, or children exist. The survival action through the estate is a separate avenue that may be available.
No. California requires all eligible claimants to join in a single wrongful death action.
A wrongful death claim is brought by surviving family members for their own losses (lost support, companionship). A survival action is brought by the estate for the losses the deceased experienced before death (pre-death pain and suffering, medical costs, lost wages). Both are typically pursued simultaneously.
Yes. We advance all costs and receive a fee only if we obtain a recovery. There is no upfront cost to the family.
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