Feb 28, 2026 - Blogs by Sky Law Group
Introduction Losing a loved one due to someone else’s negligence is devastating. When that loss was preventable, California law provides a legal pathway for surviving family members to seek justice and compensation through a wrongful death claim. This comprehensive guide explains everything Orange County families need to know about filing a wrongful death claim in California. What Constitutes Wrongful Death in California? Under California Code of Civil Procedure §377.60, a wrongful death occurs when a person dies as a result of another party’s wrongful act, neglect, or default. This includes car accidents caused by negligent drivers, medical malpractice, workplace accidents, defective products, premises liability incidents, and criminal acts. Who Can File a Wrongful Death Claim? Primary Beneficiaries California law designates specific individuals who may file: the surviving spouse or domestic partner, surviving children, and if there is no surviving spouse or children, anyone who would be entitled to the deceased’s property under California intestate succession laws. Putative Spouse and Stepchildren A putative spouse (someone who believed in good faith they were married to the deceased) and stepchildren who were financially dependent on the deceased may also have standing. Types of Compensation Available Economic Damages Loss of the deceased’s expected earnings, loss of benefits and pension, funeral and burial expenses, loss of household services, and the value of financial support the deceased would have provided. Non-Economic Damages Loss of companionship, love, comfort, care, assistance, protection, affection, society, and moral support. Loss of the deceased’s training, guidance, and education for children. Wrongful […]