Wrongful Death Funding in California

Wrongful Death Lawsuit Funding in California

State rules that shape pre-settlement funding for California wrongful death claims -- CCP 377.60 standing, the MICRA cross-reference, and the separate survival-action distinction.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

California law and funding terms: Wrongful Death Funding

The California rules that shape this claim

The rules below shape how a California wrongful death funding claim is underwritten and how quickly it can move toward resolution.

Statute of Limitations

California's wrongful death statute of limitations is two years from the date of death, not from the date of the underlying injury -- Code of Civil Procedure section 335.1, applied to the wrongful death action created by CCP section 377.60. Standing belongs to the decedent's surviving spouse, domestic partner, children, or other statutory heirs identified in section 377.60; a stepchild, parent, or putative spouse may qualify only if they meet the statute's dependency or relationship tests.

Comparative Fault Rule

California follows pure comparative negligence under Li v. Yellow Cab Co. (1975): fault attributable to the decedent reduces the wrongful death recovery in proportion to that fault, at any percentage, rather than barring the claim outright. This differs sharply from contributory-negligence states where any decedent fault can eliminate recovery entirely -- in California, a decedent found 80% at fault still leaves survivors with a reduced but recoverable claim.

Damages Caps

No general damages cap applies to a California wrongful death claim. Survivors recover their own losses only -- loss of the decedent's financial support, loss of companionship, comfort, care, and society, and funeral and burial expenses (CCP §377.60-377.61). The decedent's own pre-death pain and suffering is not part of the wrongful death claim at all; it survives to the estate through a separate survival action under CCP §§377.30-377.34, and pursuing both claims together materially changes total recoverable value. When the underlying claim is medical malpractice, MICRA's separate cap applies: Civil Code §3333.2 sets non-economic damages in a wrongful death case at $500,000 effective January 1, 2023, rising $50,000 each January 1 for ten years -- placing the 2026 wrongful-death MICRA figure at $650,000, en route to $1,000,000 in 2033.

Pre-Judgment Interest

California does not award automatic prejudgment interest on unliquidated wrongful death damages. Civil Code section 3291 lets a plaintiff who serves a statutory settlement offer the defendant fails to beat at trial add 10% annual interest, running from the offer date rather than the date of death.

Venue

Superior Court in the county where the death-causing injury occurred or where the defendant resides, under CCP §395.

Funding-Specific Statute

California regulates consumer litigation funding under the California Consumer Legal Funding Act (AB 931), Cal. Bus. & Prof. Code §§ 6250–6256. No percentage or APR cap.

State law

How California regulates consumer legal funding

Statute
California Consumer Legal Funding Act (AB 931). Cal. Bus. & Prof. Code §§ 6250–6256.
Rate or fee limit
No percentage or APR cap. Charges must follow a predetermined, time-based schedule rather than a percentage of recovery, compounding interest is banned, and charge accrual is capped at 36 months from funding.
Disclosure
Front-page disclosure of the funded amount and itemized one-time charges, the maximum total amount assignable, and a dated repayment schedule; statement that the funder has no role in settlement decisions; 5-business-day right to cancel without penalty.

Reviewed September 17, 2026. Legal information, not legal advice.

Terms

How terms are set for California plaintiffs

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Typical timeline

California wrongful death cases involving multiple statutory heirs or a contested MICRA cross-reference for a medical malpractice death tend to run longer than single-beneficiary claims with an uncontested liability picture.

How California law affects funding this claim

Does the survival action affect how much a California wrongful death case is worth?

Yes. California splits recovery into two separate claims -- the wrongful death action for survivors' losses and the survival action for the decedent's own pre-death pain, suffering, and medical costs. Underwriting a funding request means understanding which claim, or both, the family controls.

The wrongful death claim under CCP §377.60 belongs to statutory heirs and covers loss of support and companionship. The survival action under CCP §§377.30-377.34 belongs to the estate and can include the decedent's conscious pain and suffering, medical expenses, and lost earnings up to the date of death. Cases pursuing both actions together typically carry a larger combined recovery picture than either alone.

How does a decedent's own fault change funding underwriting in California?

Because California applies pure comparative negligence, a decedent's fault reduces rather than eliminates the wrongful death recovery, even at high fault percentages. Underwriting accounts for the expected fault allocation and its proportional effect on net recovery, rather than treating comparative fault as an all-or-nothing risk.

Under Li v. Yellow Cab Co., a jury assigns a fault percentage to the decedent and reduces damages accordingly -- a decedent found 40% at fault still leaves survivors with 60% of the assessed damages. This makes California materially more predictable for funding underwriting than contributory-negligence jurisdictions.

Does a MICRA-capped medical malpractice death change the funding calculus?

When the underlying claim is medical malpractice, California's MICRA cap limits non-economic wrongful death damages to a fixed, rising statutory figure -- $650,000 in 2026 -- separate from uncapped economic damages like lost financial support, which remain fully recoverable regardless of the cap.

Because MICRA only caps non-economic damages, a claim with substantial lost financial support -- a primary wage earner survived by young dependents, for example -- can still carry meaningful economic damages above the capped figure. Funding underwriting distinguishes the capped and uncapped components separately.

FAQ

Wrongful Death Funding questions in California

Sources & references

Cal. Code Civ. Proc. §335.1 · Cal. Code Civ. Proc. §377.60 · Cal. Code Civ. Proc. §§377.30-377.34 · Cal. Civ. Code §3333.2 · Cal. Civ. Code §3291 · Cal. Code Civ. Proc. §395 · Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975) · Cal. Bus. & Prof. Code §§ 6250–6256

Reviewed September 17, 2026. Legal information, not legal advice.

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

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