Guide to Wrongful Death Claims in California (2025)
What Qualifies as Wrongful Death?
Sometimes it is hard to differentiate between an accidental death and a wrongful death. If you are not sure whether the situation qualifies as wrongful, we can help.
Wrongful death is defined as any death that is caused by the carelessness, negligence, or misconduct of another person or entity. Essentially, if the tragedy could have been prevented, it is considered a wrongful death.
There are many different categories of wrongful deaths. Some of the more common ones include:
Any one of these scenarios could lead to an untimely death. If your loved one died because a caregiver, physician, or employer was careless, get in touch. Cutter Law P.C. has experience with all of the scenarios mentioned above. We can help you build a successful case based on facts and evidence.
Who can file a wrongful death lawsuit in California?
Under California’s wrongful death statute, the following people can file a wrongful death lawsuit in civil court:
- The deceased person’s surviving spouse or partner
- The decedent’s surviving children
- Grandchildren of any deceased child of the decedent
If no one qualifies in these categories, then anyone who would be entitled to the property of the deceased individual can file a suit. This might include the parents or siblings of the deceased person.
"*" indicates required fields
Featured Wrongful Death Attorney
Listen to Attorney Brooks Cutter discuss a recent wrongful death case when interviewed on the TLC Podcast.
When I needed help the most, Brooks took the time to really listen.
Damages Available in a Wrongful Death Lawsuit
According to the Judicial Council of California Civil Jury Instructions, damages for a wrongful death lawsuit fall into two categories: economic and non-economic.
Economic damages can include:
- Financial support the decedent would have provided
- Loss of benefits the families would have expected to receive
- Funeral and burial expenses
- Household service the decedent might have provided
Non-economic damages can include:
- Loss of love or companionship from the decedent
- Loss of consortium
- Loss of guidance or wisdom
Under California law, there is no cap on potential damages in a wrongful death lawsuit except in cases of medical malpractice. The wrongful death lawyers at Cutter Law can help you understand and apply the law to your case.
How to Build a Successful Wrongful Death Case
We may agree with you that the situation qualifies as a wrongful death. But without proof, there won’t be anything we can do about it. That’s why we recommend you call our office early on in the proceedings. We will help you establish evidence and document the facts of the case.
California has a strict liability doctrine, which means that you do not have to prove that the responsible party had any intent to cause harm. Instead, you must be able to show the following:
- That your loved one died
- That the death was avoidable and/or that the responsible party intended to cause harm
- That the death has caused you or your family members to suffer financial hardship
If you feel that you are not able to prove one or more of these points, give us a call. We can lend a professional eye to the case and help you determine whether wrongful death truly occurred.
Wrongful Death and the California Statute of Limitations
Whenever you are filing a lawsuit, it’s important to consider the statute of limitations for the type of suit. If you do not file within the legal window of time, your claim will not be considered valid.
The California statute of limitations for wrongful death is between two and three years, depending on the particulars of the situation. Most often, you will have two years from the date of death to pursue compensation.
The statute of limitations is more complicated when it comes to medical malpractice. A victim of medical malpractice may not know immediately that the medical team was negligent. In those scenarios, you have three years from the date of harm or one year from the date that you knew (or should have known) about the harm.
If it has been more than two years, but you are just learning that the death was caused by negligence, please call. We can help you evaluate the situation to determine whether it qualifies for a longer statute of limitations.
Brooks Cutter and Margot Cutter won a $2.4 million dollar verdict on behalf of the children of a man who died after a staff doctor at a hospital lied and transferred a patient to another hospital that was not equipped to handle the patient.
How does a wrongful death lawsuit work?
In any civil injury or wrongful death lawsuit, there is a burden of proof that falls on the plaintiff. In a wrongful death suit, the proofs required include:
- A loved one has died
- The death was caused by another person’s negligence or harmful intent
- You or other family members have suffered financially as a result of the death
Consultation with an experienced wrongful death attorney can help you understand the merits and value of your case. They can also answer questions about any other specific issues with your lawsuit.
We are known as a firm that will take your case to trial. You want a firm that is in it for the long haul and will invest all resources. At Cutter Law, we don’t have any problem with investing mid-six figures into a case.
Brooks Cutter,
Founder of Cutter Law
How an Attorney Can Help
Even when your case is well supported by evidence, the process may take time. As you navigate the highs and lows of a lengthy legal process, an attorney can serve as invaluable support.
If you are already feeling overwhelmed and not up for the task, a wrongful death attorney will make all of the difference. A good lawyer will not only support you, he or she will also ensure that you receive every penny you are entitled to.
There is no limit to what a wrongful death attorney can do for you. But here is a general outline of the kinds of services you can ask of your lawyer:
- Investigate the circumstances of your loved one’s death
- Determine liability for the death
- Inform you of your legal rights
- File a lawsuit on your behalf
Remember, if you miss the deadline for filing a lawsuit, you forfeit your right to compensation. Your best chance of avoiding that kind of situation is to hire a knowledgeable and qualified lawyer.
401 Watt Avenue Suite 100 Sacramento, CA 95864
1901 Harrison Street Suite 910 Oakland CA 94612
51 E St Santa Rosa, CA 95404
FAQs About Wrongful Death
No one plans or prepares for a wrongful death in the family. So when the worst happens, you may be left with a mountain of questions. If this is the first time you’ve ever had to think about a wrongful death claim, that’s okay. Our team has been there before and can walk you through the process from start to finish.
Below, we have outlined some of the frequently asked questions we get about wrongful death suits.
How are funds distributed among family members?
In California, surviving family members can choose for themselves how the funds from a wrongful death settlement are distributed. Ideally, the family members will work together to decide who gets what.
If the family is unable to agree upon an arrangement, the issue will be taken to civil court for review. The courts will use factors like education, housing, and support to determine who has the greatest need and should receive the greater portion of the settlement.
Can family members file separate wrongful death claims?
The court will only allow one wrongful death lawsuit per deceased person. Ideally, the deceased person’s spouse will file on behalf of all the surviving family members. If there is no surviving spouse, the responsibility to file will fall on the children, with parents having the next right to file.
Keep in mind that the filer, or plaintiff, will have the primary responsibility of making legal decisions about the case. If that person is you, a skilled attorney from Cutter Law P.C. can help you make the best choices for everyone involved.
Is the settlement taxable?
Generally speaking, wrongful death settlements are not taxable in the state of California. However, if you are awarded punitive damages, those sums may be subjected to taxes.
Why Cutter Law Is the Right Team for the Job
With more than 130 years of combined experience, Cutter Law has the expertise to help you file your wrongful death suit. We can help you file all necessary paperwork, determine reasonable compensation, and gather evidence for the lawsuit while you grieve for your loss.
Clients love that we are family-owned and operated, providing us with the opportunity to give one-on-one, expert attention to each case. We pride ourselves on being accessible and transparent throughout the difficult legal process, and we are passionate about achieving justice for those suffering injuries or devastating losses. We are proud of our case results, and our client testimonials speak to our commitment and dedication.
For your convenience, we have offices in Sacramento, Oakland, and Santa Rosa. We work on a contingency fee basis, so we are only paid if you obtain financial damages—we never charge upfront fees. Call us today or fill out our online form for a free case review.
"*" indicates required fields
Start with a free consultation. We listen to what happened, how it’s affected your life, and what you need to move forward.
You’ll have a direct line to our attorneys. We keep communication open and ensure you always know what’s happening with your case.
From day one, we go all in—gathering evidence, negotiating with insurers, and preparing for trial if needed. You pay nothing unless we win compensation for you.
Statute of Limitations for Wrongful Death in California Generally speaking, surviving family members have two years from the time of
To succeed in a wrongful death lawsuit, you must prove four elements: duty of care, breach of duty, causation, and damages.
Immediate family members, including surviving spouse and surviving children, are first in line to file a wrongful death lawsuit.
As a family run California law firm we pride ourselves in providing every client personal attention and representation. The outstanding results we have gotten for our fire clients are a direct result of our commitment to understanding and presenting all aspects of their case.
Hear from our previous clients about the relationships we build together.
It was a pleasure to work with Brooks and Margo. They were very knowledgeable, honest, helpful, and thoughtful. They explained the legal details to me, so I had a thorough understanding of all aspects of my case. I appreciate their sincere hard work and success on my behalf. I highly recommend working with either of them.
Brooks is a most compassionate professional. His knowledge and wisdom guided my husband and me through a very depressing and stressful time in our lives.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.