A California wrongful death claim requires more than showing that someone else caused a fatal injury.

You must establish who owed your loved one a duty of care, how that duty was violated, that the violation caused the death, and what losses the death created for the surviving family. You also have to establish that you are legally entitled to bring the claim and meet the deadline that applies to your case.

The standard is not proof beyond a reasonable doubt. A wrongful death case is a civil claim, so you generally must show that your position is more likely true than not. That distinction matters, particularly when the death did not result in criminal charges.

At Costa Mesa’s Easton & Easton, we have spent more than three decades representing Orange County families in wrongful death cases. Knowing what California law requires can help you understand whether a claim exists, what evidence matters, and what needs to happen next.

Key Takeaways

  • A wrongful death claim generally requires proof of duty, breach, causation, and damages.
  • California uses the preponderance of the evidence standard in civil cases. You generally need to show that your claim is more likely true than not.
  • A criminal prosecution is not required for a wrongful death lawsuit. A civil claim can move forward even when no criminal charges are filed.
  • The general deadline is two years (CCP § 335.1), but cases involving government entities require an administrative claim within six months (Gov. Code § 911.2). Medical malpractice claims carry a separate deadline of three years from the date of injury or one year after discovery (CCP § 340.5).
  • California generally requires eligible heirs to bring their wrongful death claims together rather than filing separate lawsuits.
  • Changes that took effect January 1, 2026 affect certain survival actions involving damages for a decedent’s pain, suffering, or disfigurement. Those changes do not alter the separate wrongful death claim brought by surviving heirs.

What You Have to Prove in a California Wrongful Death Case

A wrongful death claim based on negligence generally requires the four elements of duty, breach, causation, and damages.

Duty

You must establish that the defendant owed your loved one a duty of reasonable care. The duty depends on the circumstances. Drivers owe duties to others using the road. Property owners may owe duties to people on their premises. Medical professionals owe duties to their patients.

Breach

You must show that the defendant failed to act as a reasonably careful person or professional would have under similar circumstances.

Causation

The evidence must connect the defendant’s conduct to the death. This can become the most contested part of a case when multiple factors contributed to the fatal injury or the defendant disputes responsibility.

Damages

You must establish the losses suffered by the surviving family members as a result of the death. Depending on the circumstances, those losses can include financial support, household services, and certain non-economic losses recognized under California law.

Because wrongful death is a civil claim, the burden is lower than the criminal standard. California’s civil jury instructions generally ask jurors to determine whether a fact is more likely true than not.

You do not have to establish guilt beyond a reasonable doubt.

Who Can File a Wrongful Death Claim in California?

California law limits who may bring a wrongful death action. Under California Code of Civil Procedure § 377.60, eligible claimants can include:

  • A surviving spouse or domestic partner
  • The decedent’s children
  • Certain grandchildren when a deceased child would have been entitled to bring the claim
  • The decedent’s parents, or other heirs entitled under California’s intestacy laws, when there is no surviving spouse, domestic partner, or child
  • Certain people who were financially dependent on the decedent

Under California’s ‘One Action Rule,’ all statutory heirs must be included in one single lawsuit. If an eligible heir refuses to join as a plaintiff, California procedure requires naming them as a nominal defendant to ensure all claims are resolved in a single proceeding.

What Evidence Can Prove Wrongful Death?

A strong wrongful death case is built on evidence that establishes what happened, who was responsible, and how the death affected the surviving family.

That investigation should begin quickly. Surveillance footage may be overwritten. Physical evidence can disappear. Vehicles may be repaired or destroyed. Witnesses can forget important details as time passes.

Depending on the circumstances, relevant evidence may include:

  • Police and incident reports
  • Medical and hospital records
  • Coroner or autopsy findings
  • Photographs and video from the scene
  • Surveillance or traffic-camera footage
  • Vehicle and accident data
  • Employment and financial records
  • Witness statements
  • Accident reconstruction testimony
  • Medical or other expert opinions

The evidence needed will depend on how the death occurred and what the defendant disputes. When liability is contested, expert testimony can become particularly important because the case may turn on questions that cannot be established through records alone.

Insurance companies also begin evaluating liability and damages early. Building the factual record before important evidence disappears can put the family in a stronger position when the insurer begins discussing settlement.

What Changed for Survival Actions on January 1, 2026?

California’s wrongful death claim and a survival action are different claims.

  • A wrongful death action allows qualifying family members to seek damages resulting from their loved one’s death.
  • A survival action, by contrast, concerns claims that belonged to the decedent before death and may be pursued by the decedent’s estate or successor in interest.

As of January 1, 2026, damages for a decedent’s pain, suffering, or disfigurement are no longer recoverable in newly filed survival actions.

The temporary expansion applied only to actions filed before January 1, 2026, and a bill that would have extended it, Senate Bill 29, was ordered to the inactive file in September 2025 and never reached a floor vote.

Consequently, survival actions filed on or after January 1, 2026 are once again limited to the decedent’s pre-death economic losses and any punitive or exemplary damages, with pain, suffering, and disfigurement excluded.

That change concerns survival actions. It does not add or remove pain-and-suffering damages from a separate wrongful death claim because wrongful death damages are based on the losses suffered by the surviving heirs, not the decedent’s own pre-death suffering.

Frequently Asked Questions

What if my loved one was partly responsible for the death?

A wrongful death claim may still be possible. California generally applies comparative negligence, so a decedent’s percentage of fault can reduce the amount recovered rather than automatically eliminating the claim. The evidence must establish how much responsibility actually belongs to each party.

Can I file a wrongful death claim if no criminal charges were filed?

Yes. A civil wrongful death case is separate from a criminal prosecution. The government must meet the much higher beyond-a-reasonable-doubt standard in a criminal case, while a civil jury generally applies the preponderance-of-the-evidence standard. The absence of criminal charges does not by itself prevent a civil claim.

What if the at-fault party does not have enough insurance?

The available recovery may extend beyond the defendant’s primary liability policy. Depending on how the death occurred, potential sources can include underinsured motorist coverage, an employer’s insurance, additional liability policies, or the defendant’s assets. Reviewing every potentially applicable policy can be important before accepting a settlement.

How long does a wrongful death lawsuit take in California?

Cases may resolve through settlement before trial, while disputed liability, complex damages, multiple defendants, or extensive expert testimony can make litigation take considerably longer. The circumstances of the case determine whether a resolution in months, a year or more, or after trial is realistic.

Easton & Easton: California Wrongful Death Lawyers

A wrongful death case requires more than identifying the person who caused the death.

The claim has to satisfy California’s legal requirements, the evidence has to support each element, and the damages have to be established under the rules that apply to the surviving family.

Timing matters as well. Evidence can disappear long before a lawsuit reaches court, and claims involving government entities can involve deadlines that are much shorter than the ordinary two-year statute of limitations.

Easton & Easton has represented Orange County families in wrongful death matters for more than three decades. If you are trying to determine whether your family has a claim, contact our firm’s personal injury lawyer to discuss what happened, what evidence may exist, and what deadlines apply.