Wrongful death and survival claims
Two kinds of claims can arise after a death caused by negligence:
- A wrongful death claim compensates surviving family members for their own losses.
- A survival claim continues the claim the person who died could have brought, for losses they suffered before death, and is usually brought by the estate.
Who may bring a claim, and what may be recovered
California
- Who: generally the surviving spouse or domestic partner, children and others entitled to the estate by intestate succession. Certain dependents, such as stepchildren and parents who relied on the decedent, may also qualify. Cal. Code Civ. Proc. § 377.60
- Wrongful death damages can include lost financial support, lost household services, funeral and burial expenses, and the loss of love, companionship, comfort, care and guidance.
- Survival damages: the estate may recover losses the person incurred before death, such as medical bills and lost wages, and punitive damages where allowed. Pain-and-suffering damages are generally excluded from survival actions, except for actions filed on or after January 1, 2022 and before January 1, 2026. Cal. Code Civ. Proc. § 377.34
- Deadline: generally two years from the date of death. Cal. Code Civ. Proc. § 335.1
Arizona
- Who: the action may be brought by the surviving spouse, a child, a parent or guardian, or the personal representative, for the benefit of the surviving spouse, children or parents, or, if none survive, for the estate. A.R.S. § 12-612(A)
- Distribution: amounts recovered are divided among the spouse, children or parents in proportion to their damages. A.R.S. § 12-612(C)
- Damages: the jury awards damages it deems fair and just for the injury resulting from the death, which can include loss of love, affection, companionship and guidance, as well as financial losses. A.R.S. § 12-613 The Arizona Constitution bars statutory limits on these damages. Ariz. Const. art. 2, § 31
- Deadline: generally two years. A.R.S. § 12-542
Government defendants. If a public agency may be responsible, for example a government vehicle or a dangerous public road, the family must present a claim much sooner: generally within six months in California and 180 days in Arizona. Cal. Gov. Code § 911.2; A.R.S. § 12-821.01
Common causes of wrongful death claims
Truck crashes, car crashes, pedestrian and bicycle collisions, motorcycle crashes, dangerous property conditions and defective products.
How Eli helps families
Eli handles the investigation, the insurance companies and the court process, so the family can focus on each other. He explains each step plainly, coordinates with the estate's representative, and builds a full picture of the person who was lost, including their role in the family, not just their paycheck. As a member of the trial team in City of Modesto v. The Dow Chemical Co., which resulted in a $60,300,000 jury verdict,* Eli has seen how carefully prepared cases are presented to a jury.
*Includes results obtained at prior firms or as part of trial teams. Gross amounts. Each result depended on the facts of that case; results will differ if based on different facts. See Disclaimer.
Wrongful death FAQ
Can more than one family member bring the claim?
In both states the claim is generally handled as a single action for the eligible family members, and recovery is divided among them according to state law.
Do we need to open a probate estate?
Not always for the wrongful death claim itself, but a personal representative may be needed for a survival claim or for other estate matters. Eli will explain what is needed in your situation.
How long does a wrongful death case take?
It depends on the investigation, the number of defendants and whether the case must be tried. Families are kept informed directly at every stage.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
