Wrongful Death

While both arise from the same tragedy, they serve different purposes:

• Wrongful Death (CCP § 377.60): This is for the survivors. It compensates heirs for their personal losses, such as loss of financial support, companionship, and emotional guidance.
• Survival Action (CCP § 377.30): This is for the deceased person’s estate. It allows the estate to recover damages the deceased suffered before they passed away, such as medical bills and lost wages from the time of injury until death.

This is the most significant legal change in 2026.

• The Sunset Rule: Between 2022 and 2025 (under SB 447), California allowed families to recover for the deceased’s pre-death pain and suffering.
• 2026 Status: As of January 1, 2026, this law has expired. For cases filed starting today, survival actions are once again limited to economic losses (medical bills/wages) and punitive damages. However, your own “Non-Economic Damages” for loss of love and companionship remain fully recoverable.

California’s “One Action Rule” requires all heirs to be part of a single lawsuit. If a settlement or verdict is reached:

• Agreement: Heirs can agree among themselves on how to split the funds (e.g., 60% to a spouse, 40% split among children).
• Court Determination: If heirs cannot agree, the court will hold a “proportionality hearing” to divide the award based on each person’s individual relationship and level of dependence on the deceased.

California is a Pure Comparative Fault state. If your loved one was 30% at fault for the accident, your family can still recover 70% of the total damages. We work with accident reconstruction experts to ensure the deceased is not unfairly blamed by insurance companies looking to devalue your claim.

Generally, no. Compensatory damages in wrongful death cases (both economic and non-economic) are typically exempt from federal and state income tax because they are intended to compensate for personal physical injuries.

Any portion of the award designated as Punitive Damages or interest on the judgment may be taxable. We recommend consulting with a tax professional regarding your specific award.

Economic support isn’t just a paycheck. We use Economic Experts to calculate the market value of “household services”—childcare, home management, and education—that the deceased provided. This often results in six or seven-figure valuations even if the deceased was not employed outside the home at the time of death.

Under CCP § 335.1, you generally have two years from the date of death to file a lawsuit. If the death involved a government entity (e.g., a city vehicle or dangerous public road), you must file a formal administrative claim within six months.

Juries are guided by instructions CACI 3921 (for adults) and CACI 3922 (for minors). You can seek:

• Economic Damages: Funeral and burial expenses, the loss of financial support the deceased would have provided, and the value of household services.
• Non-Economic Damages: Loss of love, companionship, comfort, care, assistance, protection, affection, and moral support.

For most accidents (car, truck, etc.), there is no cap on damages in California. However, for Medical Malpractice, the cap on non-economic damages for wrongful death is $500,000 as of 2026, and it will continue to increase by $50,000 each year until it reaches $1 million.

Generally, punitive damages are not available in a standard wrongful death claim. However, they can be sought through a Survival Action if the death resulted from a felony homicide for which the defendant was convicted, or in cases of extreme “malice, oppression, or fraud.”

 We handle the legal burden so you can focus on healing. Our team acts immediately to preserve evidence and build a case that honors the memory of your loved one.