Wrongful Death
There is no good way to write about this. What follows is the practical information families most often need, kept brief and without euphemism.
The short answer
A wrongful death claim in California may be brought by a defined group of close relatives. The deadline is generally two years from the date of death rather than the date of the incident. If a public entity is involved, a written claim must be presented within six months.
Who can bring a claim
California law defines who may bring a wrongful death claim, generally beginning with a surviving spouse or domestic partner and children, and extending to other relatives in defined circumstances where there is no one in the closer category. Who qualifies in a particular family is a legal question and not always obvious.
The deadline runs from the date of death
The general deadline is two years, and it runs from the date of death rather than the date of the incident. Where those dates differ, the difference can matter.
If a public entity may be responsible, the six-month claim requirement applies and comes first. Six months is a very short period in the circumstances, which is precisely why it is worth knowing about early.
What a claim can cover
Broadly, two categories. Financial losses to the family, including the support and services the person would have provided, and funeral and burial costs. And the loss of that person's love, companionship, comfort and guidance, which the law recognises without pretending to measure it well.
There is a separate kind of claim, brought on behalf of the estate, covering losses the person themselves suffered before death. Whether both apply depends on the circumstances.
If the person who died was partly at fault
Pure comparative fault applies here as elsewhere. A share of responsibility reduces the claim proportionately rather than ending it.
What families usually need to know first
You do not have to decide anything quickly, with the single exception of the six-month deadline where a public entity may be involved. Preserve documents and do not dispose of the vehicle. Be cautious about giving recorded statements while you are in the middle of this. And if an insurer offers a settlement early, understand that accepting it ordinarily ends everything, permanently.
Nothing on this page is legal advice, and this is an area where speaking to someone qualified is genuinely worth it.
See what applies to your situation
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CalAccidentHelp is not a law firm and does not provide legal advice. Submitting information does not create an attorney-client relationship.
Sources
Every statement on this page traces to one of the following. Where a source is not the issuing body itself, that is noted.
- Cal. Code Civ. Proc. § 335.1. California Courts Self-Help Guide, Deadlines to sue someone Official source Checked 20 August 2026.
- Cal. Gov. Code § 911.2. California Courts Self-Help Guide, Ask a government agency to pay you Official source Checked 20 August 2026.
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Stanford Law School, Supreme Court of California Resources Primary source Checked 20 August 2026.
- Cal. Civ. Code § 1431.2 (Proposition 51). FindLaw, California Civil Code § 1431.2 Secondary source Checked 20 August 2026.
Some statutory text above was read from an established legal database rather than the Legislature's own site, which blocks automated access. The wording was cross-checked across multiple databases and against official California guidance. If you are relying on the exact text, read it on the Legislature's official site.
Other accident types
Car Accidents
The most common claim type, and the baseline for how fault and insurance work.
Truck Accidents
Commercial vehicles bring extra rules, extra records and more than one possible defendant.
Motorcycle Accidents
Serious injuries are common, and riders often face assumptions about how the crash happened.
Rideshare Accidents
Which policy applies depends entirely on what the driver was doing at that moment.
Pedestrian Accidents
Right of way, crosswalks and visibility usually decide how these claims are assessed.
Bicycle Accidents
Road position, lighting and driver awareness are usually central to what happened.
Wrongful Death
Who may bring a claim, and what it can cover, is set by California statute.