California allows broad non-economic damages in the wrongful death action under CCP § 377.60 — and SB 447 (effective 2022) now permits the decedent's pre-death pain and suffering in the survival action under CCP § 377.34.
California is one of the more plaintiff-friendly states for wrongful death damages. Cal. Code Civ. Proc. § 377.60 allows substantial non-economic damages — loss of love, companionship, comfort, care, society, and moral support — directly in the wrongful death action. Combined with the 2022 amendment to § 377.34 (SB 447), which now allows the decedent's pre-death pain and suffering in the survival action, California families have meaningfully broader recovery than they did just a few years ago.
California's wrongful death statute is Cal. Code Civ. Proc. § 377.60. The action must be filed within two years of the date of death under Cal. Code Civ. Proc. § 335.1 — the same deadline as the general personal injury statute of limitations. The clock runs from the date of death, not from the date of the underlying accident, which matters in cases where death follows a long medical decline.
Cal. Code Civ. Proc. § 377.60 sets out who has standing to bring a California wrongful death action: the surviving spouse, registered domestic partner, children, and the issue of deceased children. If there are no surviving issue of the deceased, the parents have standing. If no spouse, children, or parents survive, then anyone who would be entitled to the property of the decedent by intestate succession may bring the action. California's standing rules are broader than many states'.
California allows substantial non-economic damages in the wrongful death action itself: loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, in addition to loss of financial support and household services. This is materially more generous than New York's pecuniary-loss-only rule. Punitive damages are not available in the wrongful death action under § 377.60, but they are available in the survival action under § 377.34 when the defendant's conduct was malicious, oppressive, or fraudulent.
California's 2022 reform — SB 447, which amended Cal. Code Civ. Proc. § 377.34 — was a major change to wrongful death practice in this state. Under the old rule, the decedent's own pre-death pain and suffering could not be recovered after death; only economic losses survived. The amendment now allows pre-death pain and suffering damages in the survival action, which has meaningfully expanded total recovery in California cases. Coordinating the wrongful death action under § 377.60 with the survival action under § 377.30 and § 377.34 is now central to California wrongful death practice.
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The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Cal. Code Civ. Proc. § 377.60 allows the surviving spouse, registered domestic partner, children, and issue of deceased children to bring the action. If there are no surviving issue, the parents may file. If no spouse, children, or parents survive, anyone who would be entitled to the property of the decedent by intestate succession has standing. California's standing rules are notably broader than New York's personal-representative-only rule.
California allows broad damages in the wrongful death action under § 377.60: loss of financial support, loss of household services, funeral and burial expenses, and importantly the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. California allows substantial non-economic damages directly in the wrongful death action — a much more generous rule than New York's pecuniary-loss-only restriction. Punitive damages are not available in the wrongful death action itself but can be recovered in the parallel survival action under § 377.34.
Before SB 447, California Code of Civil Procedure § 377.34 prohibited recovery of the decedent's pre-death pain and suffering in a survival action — only economic losses survived the decedent. SB 447, effective January 1, 2022, amended § 377.34 to allow recovery of the decedent's pre-death pain and suffering in the survival action. This was a significant expansion of California wrongful death damages and meaningfully increases total recovery in cases where the decedent was conscious for hours or days after the underlying injury.
Two years from the date of death under Cal. Code Civ. Proc. § 335.1. The clock runs from death, not from the underlying injury. If the death involved a public entity — a city, county, state, transit agency (BART, LA Metro, MUNI), public hospital, or public school — Cal. Gov. Code § 911.2 requires a formal claim to be presented within just six months, and the lawsuit must be filed within six months of claim rejection under § 945.6. Missing the six-month government claim deadline bars the case entirely.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
Cal. Code Civ. Proc. § 377.60
Who May Sue
Cal. Code Civ. Proc. § 377.30
Survival Action by Personal Representative
Cal. Code Civ. Proc. § 377.34
Survival Action Damages (Pre-Death Pain & Suffering, SB 447)
Cal. Code Civ. Proc. § 335.1
2-Year Statute of Limitations
Cal. Gov. Code § 911.2
6-Month Government Claim Presentation Deadline
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