California Code of Civil Procedure 377.60 defines a wrongful death action as a civil lawsuit brought by a designated surviving family member or an estate representative for the wrongful death of another person. The intentional, reckless, or negligent conduct of another party could cause death. Criminal prosecutions are only conducted by the government under the California Penal Code to punish the wrongdoers with imprisonment. However, a civil wrongful death case is concerned with compensating the surviving members of the family for the actual financial and emotional damages they suffered. 

This guide outlines the legal processes, statutory provisions, and civil rights available to the families of wrongful death victims under CCPs 377.60 and 377.30. It compares civil litigation and criminal prosecutions, assesses the basic distinctions between the two, and reviews statutory standing rules. You learn the types of recoverable economic and punitive damages, as well as the California statutes of limitations affecting these claims. 

The Difference Between Civil Wrongful Death and Criminal Homicide Prosecutions

The legal remedies following a homicide in California operate on two parallel tracks:

  1. Government prosecution of the crime

  2. Family civil litigation

These systems are distinct, with different evidentiary requirements and legal outcomes.

Different Legal Objectives and Parties Involved

Pursuant to California PC 187, the District Attorney's Office prosecutes criminal cases when a violent homicide has been committed. The state has total control over the prosecution, whose aim is to punish the offender by imprisonment or probation. As a surviving family member, you are not a party to the criminal lawsuit; you are a victim's survivor or witness.

A civil wrongful death case, on the other hand, is a private lawsuit that you file against the person who caused the death or against any third party who had a role in the death. California civil jurisdiction does not have the statutory power to incarcerate a defendant. Civil law aims to have the responsible party pay you monetary compensation directly for the losses you have incurred.

Preponderance of the Evidence vs. Beyond a Reasonable Doubt

One of the key differences between criminal and civil homicide cases is the standard of proof needed to prove the defendant's fault. California Evidence Code 502 requires the prosecution in a criminal murder case to meet the most rigorous evidentiary standard in the American legal system, which is proof beyond a reasonable doubt. All 12 jurors have to agree on the defendant's guilt on a rational basis.

Civil wrongful death claims, on the other hand, set a much lower threshold, which is the preponderance of the evidence. To establish your claim, you need to show only that it is more probable than not true under California Civil Jury Instruction (CACI) No. 200. In a civil case, a conviction is reached when nine of the 12 jurors believe there is a 50% chance of liability.

The Impact of Acquittal or Absence of Criminal Charges

In civil court, the burden of proof is less, which means you still have the legal right to file a civil wrongful death claim even if the criminal case is dismissed. Rufo v. Simpson (2001) 103 Cal. Rptr. 2d 492 illustrates this dual-track system, in which the defendant was acquitted in criminal court but found guilty in a civil court and ordered to pay tens of millions of dollars in damages.

Moreover, if the prosecutors fail to file criminal charges for your case because they lack the evidence required to prove beyond a reasonable doubt, you can file a civil homicide claim in California. Civil courts are independent, and you can proceed with a civil action without being prevented by the outcome of a criminal action or by the prosecutor's decision.

Differentiating Wrongful Death Claims and Survival

Under California statutory law, there are two different causes of action after a death caused by an act:

  1. A wrongful death claim under CCP 377.60

  2. A survival action under CCP 377.30

Each claim has distinct statutory purposes, benefits different claimants, and covers different types of monetary and non-monetary losses.

Wrongful Death Actions

CCP 377.60 establishes an independent statutory right of action, which is vested directly in designated surviving family members. The primary objective of a wrongful death lawsuit is to help you obtain monetary damages for your own physical, economic, and emotional losses caused by the death of a loved one.

If you file a claim under CCP 377.60, the damages that are awarded are yours and those of other eligible heirs. California probate law provides that these funds are not subject to the claims of the decedent's general creditors and are entirely protected.

Survival Causes of Action

Unlike a wrongful death action, a survival action under CCP 377.30 is a completely different type of case. A survival action does not compensate you for your losses but instead lets the personal representative or successor in interest of the decedent's estate assume their place.

This lawsuit is for claims of personal ownership of the victim just before death. Grant v. McAuliffe (1953) 41 Cal. 2d 859, established and reaffirmed in County of Los Angeles v. Superior Court (1999) 21 Cal. 4th 292, the right to sue for pre-death injuries survives the victim's death. In a survival action, any monetary damages awarded are awarded to the estate.

Key Statutory Differences Between Wrongful Death and Survival Actions

Knowing how these two statutory remedies work together can help you recover the maximum amount of compensation through any legal means possible. Under CCP 377.62, the actions can be consolidated in a single civil action.

  • Primary Claimant — CCP 377.60 provides that wrongful death claims are for the benefit of designated statutory heirs, while CCP 377.30 provides that survival claims are for the benefit of the decedent's estate.

  • Timing Requirements — Wrongful death claims arise when the victim dies, and survival actions are brought after the person's death. However, the victim must have lived for at least a short period after the violent act to recover pre-death damages.

  • Recoverable Economic Losses — Wrongful death includes future lost financial support and funeral expenses, while survival actions include pre-death medical expenses, property damage, and lost wages before death.

  • Punitive Damage Availability — Punitive damages are not allowed in a standard wrongful death case, but are allowed in a survival case under CCP 3294.

  • Proceeds Distribution—The proceeds of a wrongful death case go directly to surviving family members, while the proceeds of a survival case go through the estate and may be subject to valid estate debts under the California Probate Code 7000.

Who Can File a Civil Claim for a Murder Victim in California?

California statute governs the right to stand to file a lawsuit after a fatal homicide. CCP 377.60(a) provides a clear ranking of the individuals legally entitled to bring a wrongful death claim in civil court, ensuring that the proper parties are brought into the case.

Primary Family Members with Standing

Priority is given to the surviving spouse or registered domestic partner of the deceased person under CCP 377.60(a) and also to the children of the deceased person, by birth or by adoption, under California Family Code 297. If the child of the deceased died before the homicide, the surviving child of the deceased (the decedent's grandchildren) has legal standing.

When the decedent was not survived by a spouse, a domestic partner, or any direct lineal descendant, the surviving relatives in the intestate succession as described in CA Prob. Code 6402 comes into existence.

When there is no surviving spouse, domestic partner, or direct lineal descendant, the surviving relatives in the intestate succession become the surviving relatives.

Dependent Relatives and Financial Beneficiaries

CCP 377.60(b) allows certain relatives of a decedent who do not possess automatic standing in subdivision (a) to file a wrongful death claim if they can prove they were financially dependent on the decedent.

The provision includes a putative spouse (a surviving spouse of a void or voidable marriage who, in good faith, believed the marriage was valid) and their children, stepchildren and parents. In California courts, dependency is defined as when your loved one provided at least half of your basic living needs before the accident that caused your death.

Personal Representatives of Estates in Survival Claims

Family members bring wrongful death claims, but a survival action is brought by the personal representative or successor in interest of the decedent's estate, whom the court appoints. The executor is appointed by the probate court when a person dies without a will or when a will is executed, and the probate court issues letters of administration or letters testamentary under CA Prob. Code 8400.

If there is no formal probate action, a successor in interest may execute and file a certified affidavit in lieu of a will, stating that they are authorized to act as the estate's agent to execute the survival action.

Recoverable Financial Compensation and Damages for Families

Compensatory financial recovery in homicide cases can alleviate the sudden economic burden and offer a legal remedy for emotional loss. Claims may be filed as wrongful death claims or survival claims and may recover economic damages, non-economic damages, and significant financial punitive damages against perpetrators.

Economic and Direct Financial Loss Recoveries

Economic damages are damages that are monetary in nature and are caused directly by your loved one's violent death. To determine the amount of post-financial support, California law requires you to consider the following:

  • Your loved one's age

  • Your career trajectory

  • Your current income

  • Your potential future income

The damages include:

  • Funeral and Burial Costs — Reasonable costs for funeral services, cremation, burial plots, and transportation are recoverable under CCP 377.61.

  • Net Financial Support — The total amount of money the deceased person would have earned to provide for your family during their natural lifespan.

  • Household Services — The monetary value of household labor, childcare, home maintenance, and administration duties that your loved one used to do.

  • Loss of Anticipated Gifts or Benefits — Distributions of money, health insurance benefits, or pension benefits that you reasonably believed you would receive.

  • Pre-Death Economic Losses — The medical expenses, ambulance fees, and property damage suffered by the decedent before their death are recoverable in a survival action under CCP 377.34.

Non-Economic Loss and Intangible Damages

Non-economic damages are awarded to you for the severe emotional and relationship losses you've suffered as a result of a violent murder. CACI No. 3921 gives you the right to recover for the loss of your loved one's:

  • Love

  • Companionship

  • Comfort

  • Care

  • Assistance

  • Protection

  • Affection

  • Moral support

  • Guidance

The loss of marital consortium is also included in non-economic damages for surviving spouses or domestic partners. California statutory law does not allow for the recovery of damages for your personal grief, mental anguish, or sorrow. You must present evidence that is directly related to the loss of companionship.

Punitive Damages and SB 447 Pre-Death Pain and Suffering Rules

In California, punitive damages are not allowed in wrongful death cases. Still, they are permitted in survival actions under CVC 3294(a) if the defendant acts with malice, oppression, or fraud. The threshold of malice is met when death is caused by intentional violence in civil homicide cases.

Moreover, California Civil Code 3294(d) expressly allows for punitive damages awards in the case of a felony homicide conviction, in which death occurs. Further, CCP 377.34 (amended by Senate Bill 447, effective actions filed on or after January 1, 2022) provided personal representatives with statutory authority to obtain damages for a decedent's pre-death pain, suffering, or disfigurement. Your lawyer will know if your survival claim meets the requirements of these laws.

Evaluating Third-Party Liability and Civil Recovery Options Beyond the Perpetrator

In cases of violence, the perpetrator is responsible for his own criminal wrong. Still, in many cases, a third-party solvent may also be liable to the victim for negligent maintenance of premises or negligent employee screening. If the surviving family members can identify third-party negligence, they could secure commercial liability insurance policies that will cover significant civil verdicts.

Premises Liability and Negligent Security Claims

Under the law, property owners and commercial businesses have a duty to take reasonable steps to keep visitors, tenants, and customers safe from foreseeable criminal activity. In high-crime areas or where previous violence has occurred, real security measures must be taken, such as installing bright lights, repairing broken locks, and hiring guards.

If a murder took place because of broken security gates, malfunctioning door locks, unlit walkways, or because the apartment complex owner or commercial landlord failed to hire trained security personnel, you can hold the owner liable.

Employer Liability and Negligent Hiring Practices

When a perpetrator commits a homicide while working or while on commercial property, the employer may be held civilly liable. Employers are required to take reasonable care in the recruitment, supervision, and retention of employees who engage in public contact.

A business can be directly liable for negligent hiring or retention if it hires an employee who has a history of violent criminal activity without making a reasonable inquiry. California's doctrine of employer liability applies directly if the murder took place while the employee was engaged in their work.

Institutional Failure and Government Entity Claims

Homicide can also occur as a result of institutional failures, either in private or public institutions. Psychiatric institutions, residential care homes, private schools, and universities have special responsibilities to safeguard patients, residents, and students.

An institution may be liable for wrongful death if it fails to take steps to prevent someone from becoming active and violent, or if it fails to take steps when it receives explicit violent threats, or if it fails to take steps when it allows an actively violent individual to be released into a vulnerable setting.

If the negligent third party is a public body, certain administrative requirements must be met.

California Statutes of Limitations for Civil Homicide Actions

Civil claims after a homicide are subject to strict time limits as set by statute. Families are not deprived of their right to financial recovery due to the California default two-year limitation, special extensions after felony convictions, and shortened administrative time limits for government entities.

General Two-Year Timeframe

CCP 335.1 is the statute of limitations for a civil wrongful death claim, which is two years from the actual date of the victim's death. The personal representative must file a survival action claim within two years of the injury or six months of the date of death, whichever is later, under CCP 377.30. California courts will deny your case if you do not file it within these strict deadlines, and you will never obtain compensation again.

Felony Conviction Extensions

California law affords crime victims an important statutory remedy due to the time it takes to prosecute criminal homicides. CCP 340.3 extends the statute of limitations for a civil lawsuit based on a defendant's commission of a felony. This is a statute that will allow you to bring a civil action against the convicted murderer within a year of the formal judgment of felony conviction being rendered in a criminal case. This extension helps to maintain civil claims during lengthy criminal trials and criminal appeals.

Six-Month Public Entity Administrative Requirements

The initial two-year statute of limitations for a wrongful death/survival action does not apply if the wrongful death case involves a California public entity, state agency, or municipal employee. The California Tort Claims Act (Government Code 911.2) requires a formal written administrative claim to be filed with the public entity within 6 months of the fatal incident.

The government agency then has 45 days to either approve or reject the claim, according to Government Code 911.6. If the agency denies your claim, Government Code 945.6 provides that you have six months from the date the agency mails the denial notice to bring your civil action to court.

Contact an Experienced Personal Injury Attorney Near Me

When your loved one dies from someone else’s action, you could experience emotional pain and financial insecurity. Civil claims are directly aimed at obtaining justice for the surviving families, holding the perpetrators accountable. These claims also help with obtaining essential compensation for funeral costs, lost future income, and emotional support.

CCPs 377.60 and 377.30 both allow wrongful death and survival actions to be evaluated so that all potential economic losses, pre-death damages, and punitive damages are fully pursued. Also, investigating third-party liability can reveal commercial insurance coverages that will ensure your family's financial security for the long haul.

At San Diego Personal Injury Law Firm, our experienced attorneys have years of experience in civil homicide litigation. We fight hard on behalf of grieving families in San Diego County. Call us today at 619-478-4059 for a free, confidential consultation if you need solid legal guidance.