The California wrongful death statute governs wrongful death action under the Code of Civil Procedure 377.60-377.62. While the statute of limitations may be tolled in certain circumstances, most wrongful deaths must be filed within a year of the date of the wrongful death. You should contact a California wrongful death attorney immediately following the untimely death of a loved one in the event that you may have a wrongful death case.
The wrongful death statute allows for creation of an action for wrongful death when the death “is caused by the wrongful act or neglect of another.” Because the wrongful death action is created entirely by statute, the legislature–not the court–creates the boundaries for wrongful death actions.
Contact a California wrongful death attorney if your loved one died in an untimely manner, even if you do not think negligence was involved in the circumstances. We will review your circumstances and file a wrongful death lawsuit if the circumstances warrant.

Emery Brett Ledger brings more than 27 years of experience to personal injury law. He founded & led The Ledger Law Firm in securing over $100 million in compensation for clients with life-altering injuries & complex claims. Licensed in California, Texas, & Washington, Emery earned his law degree from Pepperdine University School of Law. His practice areas include car & truck accidents, wrongful death, catastrophic injuries, maritime claims, & mass tort litigation. He has been recognized by The National Trial Lawyers’ Top 100, Mass Tort Trial Lawyers Top 25, and America’s Top 100 Personal Injury Attorneys. Emery also received the 2025 Elite Lawyer Award & holds a perfect 10.0 Avvo rating with Platinum Client Champion status. His legal work has been featured on CNN, Forbes, NBC, & ABC.