Wrongful Death After a Fatal Car Accident

Thousands of people die on California roads each year, and California’s freeways and arterials account for a large share. When a death is caused by another driver’s negligence—or by a defective vehicle, a dangerous road or a negligent employer—California law allows certain family members to recover for their loss. The rules about who may sue, what can be recovered and when are specific, and the emotional weight of the situation makes them easy to miss.

Who may bring a wrongful death claim

Code of Civil Procedure § 377.60 limits the claim to the decedent’s surviving spouse or registered domestic partner, children, and the issue of deceased children; if there are none, those who would inherit under intestate succession (typically parents, then siblings). Additionally, a putative spouse, stepchildren, parents and certain others may sue if they were financially dependent on the decedent. Minor children who lived in the household for the preceding 180 days and depended on the decedent for half their support may also claim. All heirs must generally join in one action.

Wrongful death damages

The wrongful death claim compensates the heirs for their own losses, not the decedent’s suffering. Recoverable damages include:

• The financial support the decedent would have contributed to the family over their life expectancy.
• The value of household services the decedent would have provided.
• Funeral and burial expenses.
• The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support and, for a spouse, consortium (CACI 3921).
• Loss of training and guidance for children.

California does not allow heirs to recover for their own grief or sorrow as such, but the loss of companionship and support is often the largest component. There is no cap on wrongful death damages in motor vehicle cases.

The separate survival action

A survival action (§ 377.30) is brought by the decedent’s estate for the claims the decedent could have brought had they lived: medical expenses before death, lost earnings before death, property damage and, since 2022 (SB 447), the decedent’s pain, suffering and disfigurement for actions filed before January 1, 2026 or granted preference. Punitive damages are available in a survival action where the defendant’s conduct justifies them—for example, a drunk or fleeing driver—but not in the wrongful death claim itself.

Deadlines

Two years from the date of death (§ 335.1), which can differ from the date of the crash if the person survived for a time. If a public entity is involved—a city bus, a police pursuit, a dangerous road—a government claim must be presented within six months of the death (Government Code § 911.2). Missing these deadlines generally ends the claim.

When there is a criminal case

Fatal crashes involving DUI, hit-and-run or reckless driving lead to prosecutions for vehicular manslaughter or murder (under the Watson rule for repeat DUI offenders). The civil claim is separate and proceeds on a lower standard of proof. Families have rights under Marsy’s Law to be informed and heard in the criminal case, and the criminal court can order restitution. Evidence developed in the criminal investigation—reconstruction, toxicology, witness statements—is often available to the civil case.

Sources of compensation

As with catastrophic injury, fatal crash damages routinely exceed a private driver’s policy limits. The decedent’s own underinsured motorist coverage, the at-fault driver’s umbrella policy and employer, commercial policies, public entities and manufacturers are all evaluated. Life insurance benefits are separate from and do not reduce the wrongful death claim.

Related pages

Drunk driving accidents, hit-and-run accidents, head-on collisions, truck accidents and pedestrian accidents.

Common questions

My brother died and had no spouse or children. Can I bring a claim?

If your parents are deceased, siblings may be the heirs under intestate succession and may bring the claim. If a parent is living, the parent is the heir. The rules follow the Probate Code’s order of succession.

We were not married but lived together for years. Do I have a claim?

A registered domestic partner has the same rights as a spouse. An unregistered partner generally does not, unless they qualify as a putative spouse (a good-faith belief in a valid marriage) or were a financially dependent member of the household in the narrow categories the statute lists.

The driver who killed my wife is being prosecuted. Should we wait for the criminal case before making a claim?

No. Evidence should be preserved and the insurer notified promptly, and deadlines run regardless of the criminal case. The civil claim can proceed in parallel; some steps are sometimes timed around the criminal case for strategic reasons.

Is the wrongful death settlement taxable?

Compensatory damages for physical injury or death are generally excluded from federal income tax under Internal Revenue Code § 104(a)(2); punitive damages and interest are generally taxable. Consult a tax professional about your situation.

Sources and official resources

• Code of Civil Procedure § 377.60 (who may bring a wrongful death action)
• Code of Civil Procedure § 335.1 (two-year limit for injury claims)
• Government Code § 911.2 (six-month claim deadline against public entities)
• Civil Code § 3294 (punitive damages)

Links go to official government, court and public-health sources. Laws change; verify current text before relying on it.