Losing someone to another person's negligence
is a different kind of grief.
When you're ready to understand your family's legal rights, we're here to explain them clearly — without pressure, without rushing you, and without making you feel like a case number.
There is no good time to think about a legal claim when you're in the middle of grief. If you're reading this, you may be wondering whether pursuing a wrongful death claim is even the right thing to do — whether it feels right, whether it honors your loved one, whether you have the strength for it right now.
Those are completely understandable feelings, and I won't rush you past them.
"Pursuing accountability is not about putting a dollar value on a life. It is about making sure the person or company responsible faces real consequences — and that your family is not left to absorb the financial impact of someone else's negligence."
What I can tell you is this: families who pursue wrongful death claims almost universally describe the process as ultimately giving them something important — a sense that what happened mattered, that it was documented, that someone was held accountable. That doesn't replace the loss. Nothing does. But it is not a small thing.
There is also a practical reality. If the death was caused by someone else's negligence, your family may be facing real financial losses — lost income, lost support, medical bills incurred before death, funeral costs. California law exists to address those losses. Understanding your rights costs nothing and obligates you to nothing.
Who can bring a wrongful death claim in California
Under California Code of Civil Procedure §377.60, wrongful death claims may be filed by a surviving spouse or domestic partner, surviving children, and — if there is no surviving spouse or children — others who were financially dependent on the deceased. The order of priority matters legally, and in some cases multiple family members have concurrent claims.
What your family can recover
The wrongful death claim recovers your family's losses — not the deceased's. These include loss of financial support the deceased would have provided, loss of companionship, love, and affection, loss of household services, and funeral and burial expenses. In California general negligence wrongful death cases, there is no cap on non-economic damages — the full human cost of the loss is compensable.
The survival action — what the estate can recover
Separate from the wrongful death claim, the estate may pursue a survival action — recovering damages the deceased would have claimed had they survived. This includes medical expenses incurred before death, lost earnings, and property damage. Following the expiration of SB 447 in January 2026, pre-death pain and suffering is no longer recoverable in a survival action under California law. Both claims can be pursued simultaneously.
The criminal case does not replace your civil rights
If the person responsible faces criminal charges — for drunk driving, manslaughter, or otherwise — the criminal case and your civil claim proceed entirely independently. A criminal conviction is powerful evidence in the civil case, but you do not need one to succeed. The civil standard of proof is lower than the criminal standard. Waiting for the criminal case to resolve before pursuing your civil rights is almost always the wrong move.
If a government entity may be responsible, you have six months — not two years.
California's general wrongful death statute of limitations is two years. But if the death involved a government entity — a city, county, state agency, or public employee — you must file an administrative claim within just six months of the date of death. Missing this deadline permanently and completely bars your family's claim. No exceptions. No extensions.
This applies to deaths involving: CHP or other law enforcement vehicles • County road defects or dangerous intersections • Public school or government vehicles • City or county buses • Any vehicle or property owned or operated by a government agency
Two separate claims — both available to your family
Most families don't know that California law provides two distinct legal claims after a wrongful death — and that both can be pursued at the same time.
Wrongful Death Claim
Brought by surviving family members- Loss of financial support
- Loss of companionship and love
- Loss of household services
- Loss of guidance and mentorship
- Funeral and burial expenses
- No cap on non-economic damages in general negligence cases
Survival Action
Brought by the estate- Medical expenses before death
- Lost earnings before death
- Property damage
- Pre-death pain and suffering — not available after SB 447 expiration (Jan. 2026)
- Punitive damages — where conduct warrants
Important: These are two legally distinct claims with different plaintiffs, different damages, and different legal rules. Pursuing both simultaneously — and coordinating them strategically — requires an attorney who understands the distinction. Many do not.
When punitive damages are available
In wrongful death cases where the conduct was reckless, malicious, or egregious — drunk driving deaths, street racing, deliberate disregard for safety — punitive damages may be available on top of all other compensation. These can be the most significant element of total recovery in qualifying cases.
What punitive damages are
Punitive damages are awarded separately from — and in addition to — all compensatory damages. They exist to punish conduct showing conscious disregard for human life and to deter others from similar behavior. They are not limited by the actual financial losses in the case.
When they apply
Under California Civil Code §3294, punitive damages require proof of malice, oppression, or fraud. Drunk driving deaths, street racing, and other conduct showing deliberate disregard for safety regularly meet this standard. Each case is evaluated individually.
Why they matter strategically
The availability of punitive damages significantly changes the settlement dynamic. When a defendant faces potential punitive exposure, insurance companies and defense attorneys negotiate differently. Identifying and pleading punitive damages correctly from the start matters enormously.
Building the punitive case
Punitive damages require specific evidence gathered early — prior conduct, blood alcohol levels, prior warnings ignored. We evaluate every wrongful death case for punitive damages potential from the first consultation and build toward it when the facts support it.
Wrongful death questions — answered plainly
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is brought by surviving family members for their own losses — lost support, companionship, and guidance. A survival action is brought by the estate for damages the deceased would have claimed — medical bills before death, lost earnings, property damage. Both can be pursued simultaneously and are legally distinct claims.
Can I recover pain and suffering in a California wrongful death case?
Surviving family members can recover non-economic damages — including loss of companionship and emotional distress — in the wrongful death claim, with no cap in general negligence cases. Pre-death pain and suffering of the deceased is no longer recoverable in the survival action following the expiration of SB 447 in January 2026. Punitive damages remain available where the conduct warrants them.
Should I wait for the criminal case to finish?
No. The civil and criminal cases proceed independently. A criminal conviction strengthens your civil case but is not required. The civil standard of proof is lower. Evidence must be preserved now. Waiting can permanently compromise your family's claim.
How long do we have to file?
California's statute of limitations for wrongful death is generally two years from the date of death. However — and this is critical — if a government entity is involved, you have only six months to file an administrative claim. This shorter deadline applies to deaths involving CHP vehicles, county road defects, public buses, or any government agency. Missing the six-month deadline permanently bars your family's claim with no exceptions. The legal deadline is two years in most cases — but the practical deadline for preserving evidence is measured in days. Contact an attorney promptly.
Does pursuing a claim mean going to court?
Most wrongful death cases resolve through negotiated settlement before trial. We prepare every case as if it will go to court — because that preparation is what produces fair settlements. You make every decision about whether to settle or proceed. I advise, you decide.
When you're ready to talk,
we're here.
There's no pressure and no obligation. A conversation about your family's legal rights costs nothing — and understanding those rights may matter more than you expect.
Call Michael: (530) 265-0186Prefer email? mp@phillipspersonalinjury.com | 305 Railroad Ave., Suite 5, Nevada City, CA
Wrongful death resources
In this difficult time, we hope you find our site a good start to get some of your questions answered. We're here to help and are glad to answer any specific questions you may have, so feel free to give us a call at 530-265-0186. In the meantime, there are many internet resources available for information about wrongful death and accidental death. We encourage you to visit some of these websites we have collected for easy reference.