California wrongful death cases are governed by Code of Civil Procedure §§ 377.60–377.62, and the controlling jury instruction CACI 3921 outlines the elements needed to recover.

To win a wrongful death claim, the following must be proven:

1. A Wrongful Act or Negligence

You must show that the defendant committed a negligent, reckless, or intentional wrongful act. Courts have confirmed that a “wrongful act” includes any tortious conduct, including defective product manufacturing or distribution. (Barrett v. Superior Court)

2. Causation

You must prove that the defendant’s wrongful conduct was a substantial factor in causing the death. This does not require exclusivity — only that the defendant’s conduct contributed in a meaningful way.

3. Compensable Damages Suffered by the Heirs

Heirs must show financial and noneconomic loss resulting from the death. California courts routinely describe wrongful death as:
(1) a tort,
(2) a resulting death, and
(3) pecuniary loss to the heirs. (Lattimore v. Dickey)

Wrongful death is purely statutory and exists only as defined by California law.

A wrongful death occurs when a person dies because of someone else’s negligent, reckless, or intentional act. The claim belongs to the surviving heirs and compensates them for personal financial and emotional losses.

Common causes include:

• Car, motorcycle, bicycle, pedestrian, trucking, or rideshare collisions
  
• Medical malpractice
  
• Nursing home neglect or elder abuse
  
• Dangerous property conditions
  
• Defective products
  
• Workplace accidents
  
• Construction incidents
  
• Criminal attacks or DUI crashes
  
• Government negligence (dangerous roadways, public employee negligence)
  

Unlike a criminal prosecution, wrongful death is civil, and the goal is compensation.

California recognizes two separate claims:

1. Wrongful Death Action (CCP §377.60)

Compensates the surviving family for their own losses, including:

• Loss of financial support
  
• Loss of companionship and affection
  
• Loss of household services
  
• Funeral expenses
  

2. Survival Action (CCP §377.30)

Belongs to the estate and compensates for:

• Medical bills before death
  
• Lost wages before death
  
• Property damage
  
• Punitive damages (when allowed)
  
• Pre-death pain and suffering in limited situations (e.g., elder abuse)
  

Both are typically filed together.

Eligible claimants include:

• Spouse
  
• Domestic partner
  
• Children
  
• Grandchildren (if children are deceased)
  
• Dependent minors
  
• Parents
  
• Stepchildren or putative spouses financially dependent on the decedent
  

Only individuals permitted under statute may recover.

CACI 3921 governs how juries calculate wrongful death damages. It requires the jury to award both economic and noneconomic damages in one lump sum for all heirs combined.

Economic Damages Include:

• Financial support the decedent would have provided
  
• Loss of future income and benefits
  
• Funeral and burial costs
  
• Loss of household services
  
• Loss of expected gifts or benefits
  

Courts recognize that economic damages include both present and future financial contributions. (Boeken v. Philip Morris USA)

Noneconomic Damages Include:

• Loss of love, companionship, comfort
  
• Loss of care, protection, moral support
  
• Loss of training, advice, guidance
  
• Loss of consortium (for spouses)
  

Courts have consistently upheld recovery for these losses. (Allen v. Toledo; Soto v. BorgWarner)

You Cannot Recover For:

• The heirs’ grief or sorrow
  
• The decedent’s pre-death pain and suffering (except in survival action exceptions)
  

Punitive damages are not available in wrongful death actions alone. They may be awarded only through:

• A survival action, or
  
• A felony homicide where the defendant has been criminally convicted
  

Punitive damages punish severe misconduct such as DUI homicide or intentional violence.

If the death was caused by public employee negligence or dangerous public property, a Government Claim must be filed within six months under Gov. Code §911.2.

Missing this deadline can bar the case entirely.

• Two years from the date of death (CCP §335.1)
  
• Six months for government entities
  
• One year for medical malpractice-related deaths (subject to discovery rule)
  

Minors receive additional time under tolling rules.

We use a full litigation strategy, including:

• Accident reconstruction
  
• Autopsy and medical analysis
  
• Expert testimony (medical, economic, engineering, human factors)
  
• Cell phone data, surveillance, and forensic downloads
  
• Witness interviews
  
• Analysis of prior complaints or safety violations
  
• Financial projections for loss of support and household services
  

Wrongful death cases require precision, economics expertise, and deep factual development.

• Fatal auto, truck, motorcycle, pedestrian, bicycle, and rideshare collisions
  
• Medical malpractice resulting in death
  
• Hospital or nursing home negligence
  
• Workplace and construction fatalities
  
• Defective product deaths
  
• Violent attacks or DUI fatalities
  
• Dangerous premises and negligent security
  
• Government negligence or dangerous public property