If you have lost a loved one due to someone else’s negligence in California, understanding your legal rights is a critical first step toward justice. This guide covers California’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Beyond the grief, families often face significant financial hardship and a confusing legal landscape when deciding how to pursue justice. California has one of the most comprehensive wrongful death frameworks in the country, but recent legislative changes to medical malpractice caps make experienced legal guidance essential.
California Wrongful Death Laws
The California Wrongful Death Statute
California’s wrongful death law is governed by California Code of Civil Procedure § 377.60. The statute allows certain family members and heirs to file the wrongful death claim directly. California follows a compensatory damages framework, allowing families to recover for the full financial and emotional impact of their loss.
Who Can File
California allows the spouse or domestic partner, children, and intestate heirs (those who would inherit under California’s intestacy laws if there were no will) to file directly. This broad definition of eligible plaintiffs is one of California’s more plaintiff-friendly features.
Statute of Limitations
California imposes a 2-year statute of limitations for wrongful death claims, measured from the date of death. Missing this deadline permanently bars the family from pursuing a civil claim.
Recoverable Damages
California allows recovery for financial support the deceased would have provided, loss of companionship, and funeral and burial expenses. For general wrongful death claims, there are no caps on damages. Medical malpractice wrongful death claims are subject to evolving non-economic damage caps under California’s MICRA reform (Civil Code § 3333.2, as amended by AB 35): the cap was $500,000 in 2023 and increases by $50,000 per year — currently $600,000 in 2025 — reaching $1,000,000 in 2033, then adjusting 2% annually for inflation thereafter. The cap applies per defendant category (providers, institutions, and unaffiliated providers may each carry a separate cap).
Survival Action
California maintains a separate survival action alongside the wrongful death claim. The survival action is where punitive damages may be pursued – they are not available in the wrongful death claim itself. The survival action allows the estate to recover for the deceased’s own pre-death losses, including pain and suffering and lost earnings between the time of injury and death.
Top 3 Wrongful Death Attorneys in California
1. Stalwart Law Group
Location: Los Angeles, CA
Phone: (310) 954-2000
Website: https://stalwartlaw.com
Key Attorneys: Dylan Ruga, Sean O’Neill
Stalwart is elite when it comes to navigating California’s complex medical malpractice landscape. Because of the evolving MICRA caps on non-economic damages in fatal medical errors, calculating and litigating these cases requires surgical precision. They are highly specialized in medical malpractice, elder abuse, and hospital negligence fatalities, and their deep expertise in California’s MICRA reform timeline ensures families receive the maximum compensation available under the current cap structure.
2. GJEL Accident Attorneys
Location: Statewide (Offices in SF Bay Area, Fresno, and throughout California)
Phone: (866) 249-2142
Website: https://gjel.com
GJEL boasts an extraordinary success rate in the cases they accept. They have recovered nearly $1 billion for victims across California. They are highly skilled at proving maximum loss of financial support and loss of companionship. Since California permits a separate survival action for punitive damages, GJEL strategically layers both claims to maximize the defendant’s financial liability in cases involving gross negligence.
3. LawLinq
Location: El Segundo, CA (Statewide Network)
Phone: (855) 997-2558
Website: https://lawlinq.com
California is vast, and a fatal motorcycle crash in San Diego requires a different specialist than a fatal construction accident in San Francisco. LawLinq is a State Bar-certified service that evaluates the exact nature of the wrongful death and connects the family with a vetted, top-tier contingency-fee lawyer specifically credentialed for that type of fatality. For families unsure where to start, this matching service provides a direct path to the right specialist for their specific case.
Frequently Asked Questions
Who can file a wrongful death lawsuit in California?
California allows the spouse or domestic partner, children, and intestate heirs of the deceased to file directly. California’s broad definition of eligible plaintiffs includes stepchildren and other dependents who can demonstrate financial dependence on the deceased. If there are multiple eligible plaintiffs, they must file a single, unified wrongful death action.
How do the MICRA caps affect a medical malpractice wrongful death case?
If your loved one died due to medical negligence, California’s MICRA law caps the non-economic damages (pain and suffering, loss of companionship) that can be recovered. The cap was $250,000 for decades. The 2022 reform (AB 35) raised it to $500,000 effective 2023, increasing $50,000 annually — the current 2025 cap is $600,000 — reaching $1,000,000 in 2033, then adjusting 2% annually. Multiple defendant categories may each carry an independent cap. Economic damages such as lost future income remain uncapped. An attorney specializing in medical malpractice can help maximize the economic damages side of the claim to ensure total recovery is as high as possible.
What is the difference between a wrongful death claim and a survival action in California?
The wrongful death claim compensates the surviving family members for their own losses – financial support, companionship, and funeral expenses. The survival action compensates the estate for what the deceased personally suffered between injury and death, and it is also the vehicle for pursuing punitive damages if the defendant’s conduct was particularly egregious. California requires both claims to be filed separately, and experienced attorneys pursue both simultaneously.
Does the outcome of a criminal case affect my civil claim?
No. A civil wrongful death lawsuit and any criminal prosecution operate entirely independently. The O.J. Simpson civil judgment is perhaps the most famous illustration of this principle – criminal acquittal did not prevent a civil finding of liability.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline begins running from the date of death. Preserve any evidence related to the incident. Obtain a copy of the death certificate and any accident or incident reports. Do not speak with the responsible party’s insurance company without first consulting an attorney.
Closing
California’s wrongful death framework provides strong legal tools for families, including broad plaintiff eligibility and no caps on general negligence claims. The evolving MICRA landscape for medical malpractice cases makes experienced legal representation especially important. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today for a free, confidential consultation.
For immediate grief support resources, contact the National Alliance for Grieving Children at (866) 432-1542.