【法律】Wrongful Death Lawsuits in California: Who Can File and What Damages Can Be Recovered? | BECKER LAW GROUP

Becker Law Group, with offices in Pasadena and Alhambra, is a leader in wrongful death and catastrophic injury litigation. The firm provides compassionate, bilingual representation to families seeking justice and compensation after the preventable loss of a loved one.

Legal Framework in California
A wrongful death lawsuit allows surviving family members to seek compensation when someone’s negligent, reckless, or intentional act causes the death of another. California’s wrongful death statute is designed both to hold wrongdoers accountable and to address the economic and emotional impact on those left behind.

Who Can File a Wrongful Death Lawsuit?
Under California law (Code of Civil Procedure §377.60), the following parties are typically eligible to bring a wrongful death claim:

• The deceased’s surviving spouse or domestic partner

• Children (including biological and adopted)

• If there are no surviving children or spouse/partner, heirs such as parents or siblings may qualify

• Financial dependents of the deceased (including putative spouses, stepchildren, or parents)

• Personal representatives or executors of the estate may also bring claims in some cases

Types of Damages That Can Be Recovered
California distinguishes between economic and non-economic damages in wrongful death cases:

• Economic Damages:

  • Loss of financial support the deceased would have provided (based on expected earnings)

  • Funeral and burial expenses

  • Loss of gifts or benefits the heirs would have received

  • Value of household services the deceased provided

• Non-Economic Damages:

  • Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support

  • Loss of consortium (for spouses or partners)

  • Emotional distress directly resulting from the loss (though certain restrictions apply; California does not allow punitive damages in wrongful death cases, but they may be available in related survival actions)

Time Limits and Procedural Issues

• Most wrongful death lawsuits must be filed within two years of the date of death (statute of limitations).

• If a government entity is involved, special claim procedures apply—often within six months.

• Delaying legal action can jeopardize the claim, so prompt consultation with an attorney is critical.

Practical Steps for Families

1. Gather Documentation: Death certificates, medical and accident reports, proof of financial support, and relationship to the deceased.

2. Consult Legal Counsel: An experienced attorney can help assess eligibility, calculate damages, identify liable parties (including employers, corporations, or government entities), and handle complex insurance or procedural issues.

3. Preserve Evidence: Maintain communication records, witness contacts, and all documents related to the incident.

Special Considerations

• Immigrant and bilingual families: Immigration status does not affect the right to file or recover damages in wrongful death cases. Becker Law Group provides Mandarin, Cantonese, and Spanish support.

• Survival Actions: The estate may also pursue a survival action for damages the deceased could have recovered if they had survived (such as medical expenses or punitive damages for pre-death pain and suffering).

Conclusion
Losing a loved one is devastating, but California law provides structured remedies for families to recover financial security and hold wrongdoers accountable. Becker Law Group’s survivor-first, bilingual approach ensures every family receives expert guidance, dignified support, and strong advocacy throughout the legal process.

Sources:

• California Code of Civil Procedure §377.60–377.62

• Judicial Council of California wrongful death resources

• Becker Law Group wrongful death litigation center

• [LA Times, Reuters: High-profile wrongful death cases]