Wrongful Death of a Child in California

No amount of money answers the loss of a child, and the law does not pretend it does. What it does is set out, in a specific jury instruction, what a family can be compensated for. This guide follows that instruction, CACI 3922, and the statutes listed at the end. Our wrongful death page explains the claim in general.

How does a claim for a child's death work, step by step?

Get the incident, crash or school report, and the medical and coroner records.
If a school district, city or county may be responsible, present a written claim to it within six months (Government Code 911.2).
The parents, as the child's heirs, bring the wrongful death claim together (Code of Civil Procedure 377.60).
The child's own losses before death, such as hospital bills, are brought as a survival claim by the personal representative or the successor in interest (Code of Civil Procedure 377.30).
Any award is measured under CACI 3922, and the court divides it between the parents (Code of Civil Procedure 377.61).

What does the jury instruction for a child's death list?

Item	Type	Notes
The value of financial support the child would have contributed to the family	Economic	Over the shorter of the child's life expectancy and the parent's; future amounts reduced to present cash value
Gifts or benefits the parent could have expected from the child	Economic	Their value, based on the evidence
Funeral and burial expenses	Economic	The expenses
Household services the child would have provided	Economic	Their reasonable value
Loss of the child's love, companionship, comfort, care, assistance, protection, affection, society and moral support	Noneconomic	No fixed standard; jurors decide a reasonable amount from the evidence and common sense

What must jurors deduct or leave out?

CACI 3922 has two features that the instruction for an adult's death does not. First, jurors must deduct the present cash value of the probable costs of the child's support and education. Second, it tells jurors not to include any compensation for the parent's grief, sorrow or mental anguish, or for the child's pain and suffering.

The noneconomic loss, the companionship and love of a child, does not depend on whether the child earned anything. As with any death, punitive damages are generally not available in the wrongful death claim, except when the death resulted from a homicide for which the defendant was convicted of a felony (Civil Code 3294(d)).

Which parents can bring the claim?

When the child left no children of their own, the people who inherit under California's intestate succession rules may bring the claim (Code of Civil Procedure 377.60(a)), and with no spouse or descendants, that means the child's parents, equally (Probate Code 6402(b)). If both parents have died, the child's legal guardians may bring the claim in their place (Code of Civil Procedure 377.60(a)).

Being a parent on paper is not always enough. Under Probate Code 6452, a parent does not inherit from a child if the parent's parental rights were terminated and never restored, if the parent did not acknowledge the child, or if the parent left the child during the child's minority for at least seven straight years without trying to support or communicate, intending to abandon the child. A parent excluded this way is treated as if they had died before the child. Even then, a parent who was financially dependent on the child may bring the claim on that basis (Code of Civil Procedure 377.60(b)).

When both parents bring the claim, the jury may return one amount and the court divides it (CACI 3922; Code of Civil Procedure 377.61). Our guide on how a wrongful death settlement is divided explains that step. The death of an adult son or daughter is covered in who can file a wrongful death claim.

What about the child's medical bills before death?

The child's own losses before death, such as hospital bills, belong to a separate survival claim (Code of Civil Procedure 377.34), not the parents' wrongful death claim (Code of Civil Procedure 377.61). That claim is brought by the personal representative of the child's estate or, if there is none, the successor in interest (Code of Civil Procedure 377.30), who for a child usually means the parents as heirs. Since January 1, 2026, a survival claim generally cannot include the child's pain and suffering. See whether a family needs probate for these claims.

What if a school, city or county is involved?

When a child dies at school, on a playground, on a public bus or on a public street, a city, county, school district or other public entity may be responsible. Who answers for a playground depends on who owns and runs it, as our guide on who is responsible for a playground injury explains. A written claim must then be presented to it within six months of the death (Government Code 911.2), and a lawsuit can follow only after the claim is acted on or deemed rejected (Government Code 945.4). A public entity can never be ordered to pay punitive damages (Government Code 818). Our guide on how to file a claim against a city, county or the State explains the steps in Sonoma and Marin counties.

How long do parents have?

Generally two years from the death to file a wrongful death lawsuit (Code of Civil Procedure 335.1), with the six-month claim coming first when a public entity is involved. A felony conviction or the death of the person responsible can change the timing; our guide on how long a family has to file a wrongful death claim covers those rules. For what any family can recover after a death, see what a family can recover in a wrongful death case.

What changes the answer?

Divorced or separated parents. Both parents are heirs equally when the child left no spouse or descendants (Probate Code 6402(b)), so both may be part of the claim, and the court divides the award.

A parent who abandoned the child. A parent excluded under Probate Code 6452 is treated as if they had died first, unless they can qualify as a dependent parent (Code of Civil Procedure 377.60(b)).

A child who had children. If the child left descendants, those descendants are the heirs instead of the parents (Code of Civil Procedure 377.60(a); Probate Code 6402(a)).

A felony conviction. A civil action based on a felony for which the defendant was convicted may be filed within one year after judgment, unless a longer period applies (Code of Civil Procedure 340.3).

A medical cause. If a health care provider's negligence caused the death, noneconomic damages are capped (Civil Code 3333.2(c)); our guide on what a family can recover in a wrongful death case explains the cap.

What could this look like? An example

For example, imagine a 10-year-old who is struck and killed in a crosswalk near school by a school district vehicle. The parents are divorced.

Because a school district is a public entity, a written claim to the district would be due within six months (Government Code 911.2), and a lawsuit could follow only after it is acted on or treated as rejected. Both parents are the child's heirs and would bring the claim together. A jury would consider the loss of the child's love, companionship and care, and the value of any support and household help, minus the probable costs of the child's support and education; it would not compensate the parents' grief. The child's hospital bills before death would be part of a separate survival claim. The court would divide any award between the parents. This example is made up and predicts nothing about a real case.

What mistakes do families make?

Missing the six-month claim when a school, city or county is involved.
One parent settling alone, without the other parent who is also an heir.
Assuming a parent who abandoned the child can recover the same as the other parent.
Expecting the award to compensate the parents' grief, which the instruction excludes.
Not asking the school or agency right away for its incident report and any video.

What should parents do this week?

Ask the school, police or agency for the incident or crash report number.
Order certified copies of the death certificate.
Count six months from the date of death and put it on a calendar if any public agency is involved.
Keep every bill, letter and message about the death in one folder.
Read our guide on California personal injury deadlines, which covers the public entity rules.

Frequently asked questions

Can grandparents bring the claim?

Only if they would inherit, which happens when the child left no descendants, no surviving parent and no siblings or their descendants (Probate Code 6402(d)).

Can the child's brothers and sisters recover?

Siblings inherit only when there is no surviving parent (Probate Code 6402(c)), so in most cases the parents bring the claim. If a child was hurt but survived, see how an injury claim works for a child.

What if our child was over 18?

The death of an adult child is measured under CACI 3921, and parents may bring the claim if the child left no descendants or if they were dependent on the child. See who can file a wrongful death claim.

Does the jury see what the child might have earned?

Jurors may consider the financial support the child would have contributed, if any, over the shorter of the child's and the parent's life expectancies (CACI 3922).

Where would a Sonoma County case be heard?

Civil cases are handled at the Civil and Family Law Courthouse in Santa Rosa. See what to expect at Sonoma County Superior Court.

If your family has lost a child because of someone else's carelessness or wrongful act, contact Young Law Group today at (707) 343-0556 or through our contact page for a free and confidential consultation.

What can parents recover for the death of a child in California?