Wrongful Death Claims in California: A Guide for Sacramento Families

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action that allows certain surviving family members to seek compensation when a loved one dies because of another party's negligence or wrongful act. In California, this right is established by Code of Civil Procedure section 377.60. The claim exists to recognize the very real losses, both emotional and financial, that a family suffers when a life is taken too soon.

It is important to understand that a wrongful death claim is separate from any criminal case. A criminal prosecution is brought by the state to punish wrongdoing, while a wrongful death claim is brought by the family to seek compensation. A family can pursue a civil claim regardless of whether criminal charges are filed.

While no amount of money can ever replace a person, a wrongful death claim can provide financial stability and a sense of accountability, helping a family move forward without the added burden of crushing economic hardship.

Who Can File a Wrongful Death Claim in California?

California law sets out, in a specific order, who may bring a wrongful death claim. The right belongs first to the closest family members, including:

• The surviving spouse or registered domestic partner
• The surviving children of the person who died
• If there is no surviving spouse, partner, or children, then those who would inherit under California's intestate succession laws, such as parents or siblings

In addition, certain other dependents may have the right to file, including putative spouses, the children of a putative spouse, stepchildren, and parents, if they were financially dependent on the person who died. The law's structure can be complex, and determining exactly who is eligible in a particular family situation is one of the first things we help with.

Because eligibility follows a statutory order, it is important to have these relationships reviewed carefully so that the right people are included and the claim proceeds smoothly.

What Damages Can a Family Recover?

California recognizes that the loss of a loved one causes both financial and deeply personal harm, and the law allows families to recover for both. Economic damages may include the financial support the person would have provided to the family, the loss of gifts or benefits the family could have expected, funeral and burial expenses, and the reasonable value of household services the person performed.

Non-economic damages address the more personal losses that no invoice can capture. These include the loss of the deceased person's love, companionship, comfort, care, moral support, and, where applicable, guidance. For a child who loses a parent or a spouse who loses a partner, these losses are at the very heart of the claim.

California does not allow the family to recover for their own grief and sorrow as a separate item, but the loss of the relationship itself, the companionship and support that are now gone, is fully recognized and compensable.

Survival Actions: A Separate but Related Claim

Alongside a wrongful death claim, California law allows for what is called a survival action under Code of Civil Procedure section 377.30. While a wrongful death claim belongs to the surviving family members for their own losses, a survival action belongs to the deceased person's estate and addresses the claims the person could have brought had they survived.

A survival action can recover damages the person experienced between the time of injury and death, such as medical expenses and lost earnings during that period. In certain cases, it may also allow for damages related to the harm the person suffered before passing.

These two claims are often pursued together, but they are legally distinct, with different beneficiaries and different categories of damages. We help families understand how both claims fit together so that nothing is overlooked and the full scope of the loss is addressed.

Important Deadlines You Should Know

California sets firm time limits for bringing a wrongful death claim, and missing them can permanently bar a family from recovering. In most cases, the statute of limitations is two years from the date of the person's death. While two years may sound like ample time, gathering evidence and preparing a claim takes time, and grief can make the days slip by quickly.

If the death involved a government entity, such as a public agency or a government employee, the timeline is much shorter. In those situations, a formal claim generally must be filed within six months, after which the agency's response affects how and when a lawsuit can be brought.

Because these deadlines are unforgiving and the rules can be intricate, we encourage families to speak with an attorney sooner rather than later. Doing so does not mean rushing your grief; it simply protects your rights while you focus on your family.

What to Expect When You Work With Us

We know that contacting a lawyer after losing a loved one can feel daunting, and we strive to make the process as gentle and supportive as possible. From the first conversation, our goal is to listen, to understand your family's situation, and to explain your options in plain language, without pressure.

Our team handles the investigation, the paperwork, and the negotiations so that your family can focus on healing. Travis Black, a former insurance adjuster who now works with our firm, brings valuable insight into how insurance companies evaluate these claims, which helps us pursue fair compensation rather than accept a quick, inadequate offer.

Throughout the process, we treat our clients as people, not case numbers. You will always be able to reach us with questions, and we will keep you informed at every step.

Speak With DePaoli Law Team in Confidence

If your family has lost someone because of another party's negligence, we are here to help you understand your rights with patience and compassion. DePaoli Law Team serves families throughout the Sacramento metro, including Folsom, Sacramento, Roseville, and El Dorado Hills.

Attorney Kelsey DePaoli is a trial-proven advocate who handles these sensitive cases with care. Your consultation is free and confidential, and there is no fee unless we win your case. When you are ready, call us at (916) 962-2896 or visit our office at 177 Parkshore Dr, Folsom, CA 95630. There is no pressure, only support.