A wrongful death claim cannot undo your loss, but it can hold the responsible party accountable and provide stability for the family left behind. In 2026, an important change in California law makes understanding these claims more time-sensitive than ever.
What These Claims Cover
Under California Code of Civil Procedure section 377.60, a wrongful death claim belongs to the deceased’s eligible survivors – usually a spouse or partner and children. It covers funeral and burial costs, lost financial support, and the loss of love, companionship, care, and guidance.
Two Claims: Wrongful Death vs. Survival Action
California recognizes two claims after a death: the wrongful death claim (the family’s losses) and a separate survival action by the estate (losses the person suffered before death, such as medical bills). They are often filed together – and the survival action is where 2026 matters.
The 2026 Change & Strict Deadlines
From 2022 through 2025, SB 447 let estates recover the deceased’s pre-death pain and suffering in survival actions. That window has closed: as of January 1, 2026, survival recoveries are again limited to economic losses (CCP section 377.34). Wrongful death suits generally must be filed within two years (CCP section 335.1), with much shorter deadlines against government entities – so confirm the current law with an attorney early.
Helpful Resources & Links
California Legislative Information – CCP § 377.60 (Wrongful Death)
California Legislative Information – CCP § 377.34 (Survival Actions)
California Courts – Deadlines to Sue
Ellin Mardirosian Law – Practice Areas
Ellin Mardirosian Law – Free Consultation
Speak With Ellin Mardirosian Law
Injured? Your consultation is free and confidential. Call (747) 310-5200 – English, Spanish, and Armenian. No fee unless we win.
