Santa Cruz Wrongful Death Attorney

Attorney Michael Rehm - (800) 978-0754

Wrongful Death Claims in Santa Cruz County

Attorney Michael Rehm represents families of people killed in accidents throughout Santa Cruz County. A wrongful death claim is a statutory cause of action — it is a new claim belonging to the surviving family members, not the decedent. It exists to compensate the family for the losses they suffer as a result of the death, not to punish the defendant. Understanding who can bring the claim, what damages are available, and how it differs from a survival action are essential starting points.

Who Can Bring a Wrongful Death Claim

Code of Civil Procedure §377.60 defines who has standing to bring a wrongful death claim. The statute is broader than most people realize.

The primary class of plaintiffs under §377.60(a) includes the decedent's surviving spouse or domestic partner, children, and the issue of any deceased children. If the decedent has no surviving issue, the persons who would be entitled to the decedent's property by intestate succession may bring the claim — including, in that circumstance, the surviving spouse or domestic partner and the decedent's parents.

A second class of plaintiffs may bring a claim under §377.60(b) regardless of whether they qualify under subdivision (a), if they were dependent on the decedent. This class includes: the putative spouse — defined as the surviving spouse of a void or voidable marriage who in good faith believed the marriage was valid; children of the putative spouse; stepchildren; parents; and the legal guardians of the decedent if the parents are deceased.

A third class under §377.60(c) includes any minor who, regardless of the other subsections, resided in the decedent's household for the 180 days preceding death and was dependent on the decedent for one-half or more of their support. This provision can bring non-biological household dependents within the class of wrongful death plaintiffs.

The wrongful death action is joint, single, and indivisible. All heirs with standing must join in a single lawsuit. A judgment resolves the claim for all heirs — an heir who is omitted from the lawsuit may be precluded from bringing a separate action later.

What Damages Are Recoverable

Code of Civil Procedure §377.61 provides that damages in a wrongful death action may be awarded as "may be just" under all the circumstances. California courts have held that recoverable damages include the loss of the decedent's financial support, services, training and advice, and the pecuniary value of the decedent's society and companionship. Each heir is entitled to recover for their own pecuniary loss.

What is not recoverable in a wrongful death action is equally important. Heirs may not recover for grief or sorrow, emotional distress, or the sentimental value of the loss. Punitive damages are not available in a statutory wrongful death action under California law — the California Supreme Court confirmed this in Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788.

Wrongful death damages also cannot include any damages that are recoverable as part of a survival claim — the two claims are legally distinct and their damages cannot overlap. This was confirmed in Ng v. Superior Court (App. 4 Dist. 2025) 329 Cal.Rptr.3d 355.

Wrongful Death and the Survival Action

A wrongful death claim and a survival action are not the same claim. A wrongful death claim belongs to the surviving family members and compensates them for their losses. A survival action belongs to the decedent's estate and compensates for what the decedent suffered and lost before death — including pre-death pain and suffering, medical expenses, and lost earnings from the date of injury to the date of death. In a fatal accident case, both claims are typically filed together. Attorney Michael Rehm handles both.

How Wrongful Death Cases Proceed in Santa Cruz Superior Court

Wrongful death lawsuits are filed at the Santa Cruz County Courthouse, 701 Ocean Street, Santa Cruz. Under Local Rule 2.1.01, the first case management conference is scheduled approximately 120 days after filing, at which the trial date is assigned. According to Judicial Council data for fiscal year 2022–23, Santa Cruz Superior Court reported zero personal injury jury trials. Most cases resolve through settlement.

The Statute of Limitations

Code of Civil Procedure §335.1 sets a two-year statute of limitations for wrongful death claims, running from the date of death. The defense may raise this deadline as a bar to a late-filed lawsuit. Missing this deadline can potentially bar a claim. Tolling doctrines may apply depending on the facts. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Retain Attorney Michael Rehm

Attorney Michael Rehm handles wrongful death cases throughout Santa Cruz County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.