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California law

Wrongful Death Laws in California.

California’s wrongful-death statute allows the decedent’s surviving spouse, domestic partner, children, and certain other statutory beneficiaries to recover damages for the loss of their relationship with the decedent. Actions generally must be brought within 2 years of the date of death, and California allows recovery of economic and non-economic damages — with pre-death pain and suffering available only through the survival statute.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years from date of deathCal. Code Civ. Proc. § 335.1

California wrongful-death actions are generally subject to the 2-year personal-injury statute of limitations, running from the date of death.

State law

Key California Statutes

California Wrongful Death StatuteCal. Code Civ. Proc. § 377.60

The wrongful-death statute identifies the persons who may bring an action for wrongful death and the damages they may recover.

California’s survival statute allows the decedent’s estate to pursue claims the decedent could have brought, subject to specific limits on recoverable damages.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in California.

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