Wrongful Death Claims in California: Who Can File, What Can Be Recovered, and What Changed in 2026

When a loved one is taken by someone else’s negligence, no legal claim can undo the loss. What a wrongful death claim can do is hold the responsible party accountable and provide the financial stability a grieving family needs to move forward. California law gives certain family members that right - and a recent change has reshaped part of how these cases work.

Here, with care for how difficult this subject is, are the essentials families should understand.

Two Different Claims After a Death

California recognizes two separate claims that can arise from a fatal incident, and they belong to different people:

• A wrongful death claim (Code of Civil Procedure section 377.60) belongs to the surviving family members and compensates them for their own losses from the death.
• A survival action (Code of Civil Procedure sections 377.30 and 377.34) belongs to the decedent’s estate and recovers certain losses the person themselves suffered before passing.

Many cases involve both, brought together.

Who Can File a Wrongful Death Claim

California law specifies who may bring a wrongful death claim. Generally this includes the surviving spouse or domestic partner and the children. If there are no surviving members in that line, the right can extend to those who would inherit under California’s intestate succession rules - and, in some cases, to others such as stepchildren or parents who were financially dependent on the person who died.

Exactly who qualifies can be nuanced, which is one of the first things a family should clarify early.

What Can Be Recovered

In a wrongful death claim, the family’s recoverable losses generally fall into two categories:

• Economic losses: the financial support the loved one would have provided, the value of lost household services, and funeral and burial expenses.
• Non-economic losses: the loss of the loved one’s love, companionship, comfort, care, moral support, and guidance.

California does not treat raw grief and sorrow as a separate line item, but the loss of the relationship itself is broadly recognized.

What Changed in 2026

For several years, a temporary law (Senate Bill 447) allowed a decedent’s estate to recover the person’s own pre-death pain, suffering, and disfigurement in a survival action. That temporary law expired at the end of 2025. For survival actions filed on or after January 1, 2026, California has returned to its long-standing rule: the estate’s recovery is generally limited to economic losses such as the person’s pre-death medical expenses and lost earnings (with limited exceptions, including certain elder-abuse cases). Wrongful death claims brought by the family for their own losses are not affected by this change.

Because the rules now turn partly on filing dates, timing and case structure matter more than ever.

Time Limits Apply Here, Too

A wrongful death claim in California generally must be filed within two years of the date of death. As with other injury claims, if a government entity may be responsible, a much shorter six-month claim deadline can apply. Acting within these windows is essential to preserving the family’s rights.

If your family is facing the loss of someone you love because of another’s negligence, you do not have to navigate the legal side alone. Pogosyan Law handles these cases with both diligence and compassion, and offers a free, private consultation.

Get a Free Consultation with Pogosyan Law

About Tony Pogosyan, Esq.

Catastrophic Injury Attorney in Glendale

California Courts - Self-Help Center

California Legislative Information (full statutes)

Call (818) 243-3900 or email info@pogosyanlaw.com - Glendale, CA.

Disclaimer: This article is general information about California law, not legal advice, and does not create an attorney-client relationship. Laws change and every case is different - for guidance on your situation, consult a licensed attorney. Past results do not guarantee future outcomes.