Understanding Wrongful Death Claims Under CCP §377.60

Navigating wrongful death claims in California is a complex process, guided by CCP §377.60. In this article, we explore eligibility requirements, the evidence needed to prove negligence, and the types of compensation you can seek. Timing is critical, and early legal action is crucial to building a strong case. Call California Attorney Group at (310) 278-6666 for expert guidance on pursuing your claim.

Person in a white shirt holding a pen and reviewing documents on a desk.A person lying face-down in calm ocean water on a foggy day, symbolizing loss and tragedy — used to represent wrongful death cases in California.
PUBLISHED ON
October 22, 2025
CATEGORY
Wrongful Death
READ TIME
8 min

Life Changes in a Heartbeat—But What Happens Next?

One minute, everything’s fine. The next? It’s chaos. An accident, an incident, a fatal mistake. And suddenly, someone you love is gone. When that happens, it’s not just grief that hits—it’s the questions. Why did this happen? Who’s responsible? And what can you do about it? California’s legal system gives you a path forward with wrongful death claims under California Code of Civil Procedure (CCP) §377.60. But let’s be clear—this isn’t about easy money or quick fixes. It’s about holding the right people accountable, seeking justice, and compensating for what was unfairly taken.

The road to a wrongful death claim isn’t simple. You’ll need to prove negligence, establish eligibility, and navigate a legal maze full of deadlines and paperwork. But if you know the rules, you can play the game—and win.

Who Gets to File? Understanding Eligibility Under CCP §377.60

Not everyone affected by a loved one’s death can file a claim in California. CCP §377.60 is clear: the deceased’s spouse, domestic partner, and children are first in line. Why? Because they’re the ones most directly impacted. They’re the ones who relied on that person emotionally and financially. If no spouse, partner, or children exist, the right to file shifts to other dependents—think parents, stepchildren, or minors who depended on the deceased.

But don’t assume you have an automatic right. You must prove your relationship and dependency. It’s not about saying, “I was close to them.” It’s about showing it. Financial records, household documents, and legal ties—these are the keys. It’s a tough process, and it requires a sharp eye for detail. An experienced car accident claim lawyer can guide you through, ensuring every document is in place and every relationship is verified.

The Clock Is Ticking: Filing Within the Statute of Limitations

Now, here’s where things get serious. In California, you have just two years from the date of the deceased’s death to file a wrongful death lawsuit. That’s it. Two years. Sounds like plenty of time? It’s not. The statute of limitations is unforgiving. Wait too long, and you’ll lose your right to file—no matter how valid your case might be.

Think about what happens when you delay. Evidence gets lost. Witnesses move away or forget details. Surveillance footage gets overwritten. Every day that passes is another opportunity for your case to weaken. That’s why early action matters. A California car accident attorney can step in right away, collecting everything while it’s still fresh—police reports, medical records, and eyewitness testimonies.

What You Need to Prove: The Burden of Evidence

Let’s cut to the chase: emotions won’t win a case—facts will. To succeed in a wrongful death claim, you have to prove negligence. It means showing the defendant’s actions (or lack thereof) directly caused the death. Whether it’s a car accident involving a reckless driver or a workplace incident where safety protocols were ignored, the facts must speak for themselves.

But proving negligence isn’t as simple as saying, “They were at fault.” You need concrete evidence. Think of it like building a puzzle. Each piece—medical reports, traffic cam footage, and expert testimony—must fit perfectly. Your lawyer will collect these pieces, reconstructing the events to show exactly where and how things went wrong. And remember, it’s not just about gathering evidence; it’s about preserving it, presenting it, and making it count.

Damages: What Can You Claim?

Let’s get into the nitty-gritty of compensation. California law allows you to claim economic and non-economic damages. What’s the difference? Economic damages cover measurable losses—funeral costs, medical bills, lost wages. Non-economic damages, on the other hand, address the intangible—the loss of love, guidance, and companionship.

Imagine this: your spouse was the primary earner in your family. Without their income, your household faces a financial cliff. Economic damages are designed to bridge that gap, ensuring you and your children don’t fall into hardship. But it’s not just about dollars and cents. The absence of their presence—the conversations, the comfort, the support—these are irreplaceable. Non-economic damages recognize this, and they aim to compensate for the irreplaceable emotional loss.

And here’s where it gets tricky. Calculating these damages requires a blend of strategy and expertise. Lawyers will work with economists and experts to paint a full picture of your loss. It’s not about guessing—it’s about facts, figures, and impact. This is why having auto injury lawyers near me can make all the difference. They know how to calculate what’s fair and fight for it.

The Legal Process: Navigating the Maze

Filing a wrongful death claim isn’t just paperwork. It’s a legal marathon, and every step matters. From filing the initial complaint to responding to defense motions, every move is critical. Get one thing wrong, and it could jeopardize your case. Think the insurance company is going to help? Think again. They know the statute of limitations, and they’re banking on you making mistakes or missing deadlines. That’s their strategy: delay, confuse, and offer lowball settlements.

Your strategy? Get ahead of them. An early call to the best car accident lawyer Los Angeles has to offer can put you back in control. A skilled attorney knows the playbook. They’ll file on time, secure every piece of evidence, and push back when the defense tries to delay. They’ll fight for a fair settlement—and if one isn’t on the table, they’ll take it to trial.

Why Early Legal Involvement Matters

Acting fast isn’t just about filing within the deadline; it’s about securing your advantage. The sooner you involve an attorney, the sooner they can gather evidence, interview witnesses, and subpoena records. It’s about being proactive—because once the clock starts ticking, you’re in a race against time. Insurance companies know this, and they’ll exploit every delay. Don’t give them the upper hand.

Think of it this way: you wouldn’t build a house without a blueprint. Don’t build a case without one, either. An experienced lawyer isn’t just someone who knows the law; they know how to apply it strategically. They’ll use California’s wrongful death statutes to strengthen your case, ensuring that every piece of evidence supports your claim.

The Risks of Going It Alone

The legal system isn’t designed for solo players. Insurance adjusters are trained to minimize payouts. They’ll dissect your claim, scrutinize your evidence, and push you to accept a fraction of what you’re owed. They’re betting you don’t have the legal knowledge to counter their tactics.

That’s why having a car accident injury help attorney matters. They know how to navigate California’s wrongful death laws, from proving negligence under CCP §377.60 to calculating and arguing for maximum damages. They understand the nuances of the law and know how to leverage them in your favor. It’s not just about showing up in court; it’s about building a case from the ground up—making every document, testimony, and expert report work for you.

Final Thoughts: Your Next Move

Wrongful death claims are about more than just compensation. They’re about accountability. They’re about making sure that negligence has consequences. But time isn’t on your side. The longer you wait, the harder it becomes to gather evidence, find witnesses, and build a solid case. Don’t let your opportunity slip away.

If you’ve lost someone due to another’s negligence, it’s time to take action. Call California Attorney Group at (310) 278-6666 today. We’ll work tirelessly to secure the evidence, build your case, and fight for the compensation you deserve. It’s not just about money—it’s about justice, closure, and ensuring your voice is heard.

Learn more about Wrongful Death Law