Who Can File a Wrongful Death Lawsuit in California?

Losing someone you love due to another person’s negligence is emotionally overwhelming, not to mention legally complex. One of the most common questions we hear is:

“Who is actually allowed to bring a wrongful death claim in California?”

In this guide, we’ll walk you through:

• Who is eligible under California law
• What happens when multiple parties want to file
• What damages are recoverable
• And why having an attorney matters

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil claim filed against a person, business, or entity whose negligent or reckless actions led to someone’s death.

These are not criminal cases – they’re civil lawsuits meant to secure financial compensation for surviving family members.

Common causes of wrongful death include:

• Car accidents
• Defective products
• Medical malpractice
• Unsafe property conditions
• Workplace incidents

Regardless of the circumstances, several factors are needed for a case to qualify as wrongful death. Those factors include the following:

• A person died
• Their death was caused by another’s negligence or intent to cause harm
• The surviving family members are suffering financially because of the death
• A personal representative has been appointed from the deceased’s estate

Who Can File a Wrongful Death Claim in California?

Under California Code of Civil Procedure § 377.60, only certain individuals have the legal right to file. They include (in order of priority): 

1. The Decedent’s Surviving Spouse or Domestic Partner

The surviving spouse or registered domestic partner of the deceased may file a wrongful death claim as a primary heir under California law.

2. Children of the Decedent

Biological and adopted children of the deceased have the right to bring a wrongful death action.

3. Grandchildren (If the Child of the Decedent Is Also Deceased)

If the decedent’s child is also deceased, the grandchildren (children of the deceased child) may step into their parent’s place to file a claim.

4. Dependent Parents or Stepchildren (if financially dependent)

Parents or stepchildren of the decedent may file a claim if they were financially dependent on the deceased at the time of death.

5. Individuals Who Can Inherit Under California’s Laws of Intestate Succession

If none of the above relatives exist, anyone entitled to the decedent’s estate under California’s intestate succession laws may have standing to file a wrongful death claim.

Quick Reference: Who Can File in CA

Eligible Party	Requirement
Spouse/Partner	Automatically eligible
Children	Automatically eligible
Grandchildren	If parent is deceased
Dependent Parents/Stepchildren	Must prove financial dependence
Other Heirs	If no direct heirs exist

What Happens When Multiple People Want to File?

California law allows a single wrongful death action on behalf of all eligible survivors. This means:

• Damages are shared but not always equally
• Eligible family members may need to join forces in one claim
• Disputes over control can be resolved by the court

What Damages Can Be Recovered?

An unexpected death can leave you with extensive medical bills, end-of-life expenses, and lost wages. Filing a civil claim against the at-fault person can help cover those expenses. 

While it’s likely you will settle out of court, there is a possibility your case will escalate to litigation. An attorney will guide you through the trial process and present the best possible case to the judge and jury. 

A wrongful death lawsuit will extend the length of time it takes to find a resolution. Therefore, your compensation is delayed. However, this may be the only way to ensure your family can move forward in a comfortable financial situation. 

When you file a claim, you have the option of seeking economic and non-economic losses. Economic damages are calculable, while non-economic losses are more subjective.

Economic Damages

To calculate economic losses, your lawyer will collect hospital records, funeral home statements, prior pay stubs, lost wage records, and any other applicable documentation to total what your family has lost in actual dollars. 

Non-Economic Damages

When it comes to the non-economic damages, your attorney will evaluate how the death has affected your family. Loss of benefits, loss of consortium or child-rearing, and loss of companionship or guidance are factors to consider. 

How Long Do You Have to File?

The statute of limitations in California is two years from the date of death.

Failing to file within this window usually means you lose the right to pursue compensation, no matter how valid your claim.

Why You Should Speak With an Attorney First

We recognize how difficult it is to lose a loved one, especially when the death was preventable. Our firm is here to support your family during this difficult time and ensure the negligent party is held accountable for their actions.

When it comes to filing your claim, your wrongful death attorney will ensure you meet all deadlines. You don’t want to miss that statute of limitations and be ineligible for compensation. When you work with a lawyer, you won’t have to worry about deadlines, paperwork, or difficult conversations, as your lawyer will handle everything for you.

We compassionately and clearly guide grieving families through every legal step. We never charge unless we win your case.

Ready to Talk? Get a Free Case Review

You don’t have to figure this out alone. Call us today or fill out our simple form for a no-obligation case review. We’re here to help you seek justice with clarity, compassion, and results.