After a fatal car accident, families may need to preserve collision evidence, identify the people entitled to bring a claim, and determine whether an estate-related survival action is also appropriate. A criminal investigation and an insurance claim are separate from the civil filing requirements. A family should not wait for criminal charges or an insurer’s decision before obtaining advice about deadlines.

Who can bring a wrongful-death claim?

Eligibility is governed by Code of Civil Procedure section 377.60. Surviving spouses, domestic partners, children and certain other persons may qualify under its requirements. Parents and other relatives do not qualify automatically merely because of the relationship. The family structure, surviving heirs, dependency and any estate representative should be reviewed together. Bring information about all potentially eligible family members so related claims can be coordinated.

Wrongful-death damages are different from grief

A supported wrongful-death claim can include lost financial support, the value of lost household services, funeral and burial expenses, and loss of companionship, care and other legally recognized benefits of the relationship. It does not compensate the family for grief, sorrow or mental anguish as such. Nor is the deceased person’s own pain and suffering an element of the heirs’ wrongful-death damages. California jury instruction CACI 3921 describes these distinctions for an adult’s death.

What is a survival action?

A survival action concerns a claim the deceased person held, pursued through the appropriate representative or successor. Pre-death losses and the applicable damages rules require separate analysis. A wrongful-death claim and a survival claim should not be combined into one undifferentiated list of damages. The dates, pleadings and law applicable to the particular action matter.

Government involvement can create an earlier deadline

Wrongful-death lawsuits commonly have a two-year limitations period, but exceptions and other requirements apply. A potential claim involving a public entity generally requires an administrative claim much sooner, often within six months. Government involvement is not a reason to assume that the deadline has been extended. Seek an individual review promptly.

What to bring to a consultation

  • The collision location, date, investigating agency and report number.
  • Available photographs, original video, witnesses and vehicle information.
  • Death certificate, relevant medical records and estate documents.
  • Family relationship and dependency information, funeral expenses and records of financial support.
  • Insurance correspondence and any proposed settlement or release.

Weiss Attorneys serves families from our Sherman Oaks office and through phone or video consultations. See our car accident practice and witness evidence guide.

Legal sources

Code of Civil Procedure section 377.60, Judicial Council instruction CACI 3921, and California Courts deadline guidance.

Discuss your claim with Weiss Attorneys

Call (213) 583-0977 or request a free consultation. Our office is in Sherman Oaks, with phone and video consultations available throughout California. Hablamos Español. For accepted contingency matters, attorney fees and case costs are governed by the written agreement. No outcome is guaranteed.

Prepared by Weiss Attorneys. Updated October 13, 2026. General information; the facts, applicable law, insurance terms and deadlines require an individual review.