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California Wrongful Death Claims

California wrongful death lets certain family members sue for their losses (CCP § 377.60), while a separate survival action (CCP § 377.30) lets the estate pursue the decedent's own claims. Under CCP § 377.34, survival damages historically excluded pre-death pain and suffering; SB 447 allowed it temporarily for cases filed before Jan 1, 2026 — confirm the current statute.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a California attorney promptly — deadlines are strict and the rules here are nuanced.

When someone dies because of another’s negligence, California recognizes two related but distinct claims. See the personal injury hub for the statewide basics.

Who may sue for wrongful death

A wrongful death claim compensates surviving family for their own losses. Under Code of Civil Procedure § 377.60, those who may sue include the surviving spouse, domestic partner, children, and the issue of deceased children; if none survive, those entitled by intestate succession; and certain dependents — for example, a putative spouse, stepchildren, or parents.

The separate survival action

A survival action (Code of Civil Procedure § 377.30) is different: it lets the estate or successor pursue the claims the decedent could have brought had they lived. The two claims are often filed together but recover different things.

Pre-death pain and suffering (confirm the current statute)

Under Code of Civil Procedure § 377.34, survival damages historically excluded the decedent’s pre-death pain and suffering. SB 447 created a temporary exception allowing pre-death pain, suffering, and disfigurement for cases filed on or after January 1, 2022 and before January 1, 2026. Because that window has closed, this exception applied to cases filed before Jan 1, 2026 — and you should confirm the current statute, since the Legislature may extend it.

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Frequently asked questions

Who can file a wrongful death claim in California?
Under Code of Civil Procedure § 377.60, a surviving spouse, domestic partner, children, and issue of deceased children may sue; if none, those entitled by intestate succession; and certain dependents such as a putative spouse, stepchildren, or parents.
What is a survival action?
A separate claim under Code of Civil Procedure § 377.30 that lets the decedent's estate or successor pursue the claims the decedent could have brought had they lived.
Can the estate recover the decedent's pre-death pain and suffering?
Historically no (CCP § 377.34). SB 447 created a temporary exception allowing it for cases filed on or after Jan 1, 2022 and before Jan 1, 2026. Because that window has closed, confirm the current statute, as the Legislature may extend it.

Sources

Related guides

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