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Top 6 Misconceptions about California Wrongful Death Law

May 11, 2022

Filing a California wrongful death claim is a legal way you can seek justice for the loss of a loved one from an accident. However, many people are uncertain about what a wrongful death lawsuit actually entails. Misconceptions can keep families from asserting their rights or from getting the compensation they need to rebuild their lives.

If you are pursuing a wrongful death case, keep reading to learn the truth behind some of California’s most common misconceptions about wrongful death claims. You might be surprised by what’s true and what’s not.

Myth 1: “You can’t file a wrongful death claim unless criminal charges are filed.”

You can still pursue a wrongful death lawsuit even if no criminal charges are filed or if the at-fault party is found not guilty. 

Criminal and civil cases operate under very different standards of proof. In a civil wrongful death case, you don’t need to prove guilt “beyond a reasonable doubt,” only that the person or entity was more likely than not responsible for the death.

This distinction has allowed many families to win civil justice when criminal courts failed to convict.

What Does It Mean to Prove the Other Party Was More Likely Than Not Responsible for the Death?

In a wrongful death case, the outcome often comes down to the strength and clarity of your story and the evidence that supports it. Unlike criminal trials, where guilt must be proven beyond a reasonable doubt, civil cases like these rely on something called the preponderance of the evidence.

This simply means that to win, you don’t have to prove everything with 100% certainty. Instead, you must show that your account of what happened is more likely true than not, even just 51% more believable than the other side’s version.

As outlined in California Civil Jury Instruction 200, you can recover compensation if the judge or jury believes your explanation holds more weight, meaning you have enough evidence to show that your side of the story is at least 51% believable to win compensation.

Myth 2: “The statute of limitations is always two years.”

In most California wrongful death cases, you have two years from the date of death to file a lawsuit, as outlined in California Code of Civil Procedure (CCP) §335.1. However, there are exceptions. 

For instance, if a government entity is involved, you may have as little as six months to take legal action. In cases involving medical malpractice, you may have up to three years from the date the injury was discovered.

What Exceptions Make the Statute of Limitations Shorter or Longer?

Here are some exceptions that may change the standard statute of limitations:

  • Property Damage Only: If your accident involved only damage to your vehicle or other property, you have three years from the date of the incident to file a claim.
  • Death Occurs After the Crash: If a loved one tragically passes away days or weeks after the accident due to their injuries, the statute of limitations begins on the date of death, not the date of the crash.
  • Claims Against Government Entities: The clock moves even faster when a local government vehicle or agency is involved. You must file an administrative claim within just six months.
  • Minors Involved: If the injured party is under 18, the statute of limitations typically pauses until they turn 18, giving them two years from that date to pursue a claim.
  • Mentally Incapacitated or Out of State: If the responsible party is mentally incapacitated, in prison, or out of California, the timeline may be put on hold or extended.
  • Bankruptcy of the At-Fault Party: If the person who caused the crash files for bankruptcy, your case may be automatically delayed until their bankruptcy proceedings are complete.

Given the complexity of these rules, it’s not wise to leave your future up to guesswork or trial and error. Every lost day could mean lost evidence, fading memories, or missed legal opportunities. It is best to seek help from California wrongful death lawyers who know how to manage your case without wasting time and resources.

Myth 3: “Only immediate family members can file a wrongful death claim.”

While spouses, children, and parents are typically the first in line to file, California law also allows others to seek justice if they were financially dependent on the deceased. 

Under California Civil Code Section 377.60, the law allows specific individuals to file a wrongful death claim on behalf of the deceased. These include:

  • The surviving spouse or domestic partner of the victim
  • The deceased’s children, who have lost not just a parent, but a lifetime of love, support, and guidance
  • The victim’s parents, especially if the deceased had no spouse or children
  • Siblings of the deceased, when there are no closer surviving relatives
  • Other heirs, such as extended family members or individuals entitled to inherit under California’s intestate succession laws, if none of the above are present

Grief and financial hardship don’t follow a strict legal definition. The law recognizes that, and so do we.

Myth 4: “Wrongful death lawsuits are only for intentional acts.”


Many wrongful death cases stem from negligence, not intention. Drunk driving, distracted driving, unsafe property conditions, or medical errors are all common causes. You don’t need to prove that someone meant to cause harm. You just need to show that their carelessness or failure to act led to your loved one’s death.

Sometimes, the most devastating losses come from the simplest lapses in judgment.

What Does Negligence Mean in a Wrongful Death Claim?

Negligence, at its core, is the failure to act with the care and responsibility a reasonable person would exercise, especially when others’ lives are on the line. 

For example, someone decides to drive home after drinking, fully aware of the risks. Their judgment is clouded, their reflexes are dulled. As they veer into oncoming traffic, they collide head-on with another vehicle. The crash is catastrophic. The innocent driver, someone’s spouse, parent, or child, doesn’t survive.

In moments like this, the consequences of negligence are permanent. A family is left shattered. And while no legal action can undo the loss, holding the at-fault party accountable can provide a measure of justice and ensure that the surviving loved ones aren’t left to bear the financial and emotional burden alone.

If you believe your loved one’s death was caused by another’s negligence, you may have the right to file a wrongful death claim. The best wrongful death attorneys in California can help you understand your options and stand by your side every step of the way.

Myth 5: “Wrongful death claims are just about money.”

It is true that compensation is a part of a wrongful death case, but the purpose goes deeper. These claims are about accountability. They help grieving families recover financially, yes, but they also send a powerful message: that negligence and reckless behavior have consequences.

No amount of money can bring a loved one back, but justice can bring a sense of peace, and financial security can ease the burden of loss.

Myth 6: “I can handle this on my own. I don’t need a lawyer.”

Wrongful death claims are complex. You will likely face experienced legal teams, insurance adjusters, and bureaucratic roadblocks. Without strong legal support, you risk being manipulated or undercompensated.

The best wrongful death attorney in California understands the law, the process, and most importantly, the pain you’re going through. They should handle the legal battle so you can focus on what matters: remembering your loved one and beginning the healing process.

Let Us Help You During This Challenging Time

At The Law Offices of Larry H. Parker, a wrongful death attorney becomes your voice when yours shakes, your strength when you’re struggling to stand, and your tireless advocate when others try to downplay the depth of your loss.

Here’s how our California wrongful death lawyers help shoulder the burden:

  • We Take On the Legal Stress

    Wrongful death cases are emotionally heavy and legally complex. From investigating what happened to meeting critical deadlines, we handle every detail, so you don’t have to navigate this alone or risk getting overwhelmed by the process.

  • We Fight for the Full Value of Your Loss

    We pursue maximum compensation for medical expenses, funeral costs, lost income, and the irreplaceable loss of love, guidance, and emotional support.

  • We Stand Firm Against Insurance Companies

    Insurance providers may try to minimize your claim or avoid paying altogether. We push back hard, with compelling evidence, expert insight, and years of legal experience, to make sure your loved one’s story is fully heard and respected.

  • We Safeguard Your Peace of Mind

    You deserve time to mourn and space to begin healing. While we keep you informed, we shield you from legal stress and emotionally exhausting negotiations, letting you focus on what matters most.

  • We’re Ready to Go to Trial, If That’s What It Takes

    Many cases settle, but if justice requires a courtroom, we’re ready. Our trial-tested team won’t hesitate to fight in front of a judge and jury to secure the accountability your family deserves.

We know no lawsuit can bring your loved one back. But seeking justice can be an empowering step forward, a way to honor their memory and protect your family’s future.

Call 800-333-0000 today for a free, confidential consultation. We’re here to carry the weight with you, every step of the way.

If medical costs are stacking up, and you’re not sure what to do, reach out for a no-cost case evaluation with our expert attorneys.

What Our Clients Say About Us

While many California wrongful death lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:

“They were very nice and helpful. I felt they were there for me.” – Diana C.

Frequently Asked Questions About Personal Injury Claims 

Need to learn more about accident claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.

 

References

California Civil Code Section 377.60. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=377.60

Code of Civil Procedure – CCP PART 2. OF CIVIL ACTIONS [307 – 1062.34]. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=335.1

Judicial Council of California Civil Jury Instructions. (n.d.). California Courts. Retrieved September 22, 2025, from https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2025.pdf

preponderance of the evidence | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved May 14, 2025, from https://www.law.cornell.edu/wex/preponderance_of_the_evidence