Who Can File a Wrongful Death Claim in California?

Losing a loved one because of someone else’s negligence is devastating. A wrongful death claim cannot undo that loss, but it can hold the responsible party accountable and help a family with the financial consequences. California law is specific about who may bring one.

Who May File

Under California law, a wrongful death claim may generally be brought by:

• The surviving spouse or registered domestic partner
• The deceased person’s children, and the children of a deceased child
• If none of those survive, the people who would inherit from the deceased under California’s inheritance laws, such as parents or siblings

Certain other people may also file if they were financially dependent on the person who died, including a putative spouse, stepchildren, parents, and in some cases a minor who lived in the household and depended on the deceased for at least half of their support.

In most cases, eligible family members bring a single action together.

What the Claim Can Cover

• Loss of the financial support the person would have provided
• Loss of household services
• Funeral and burial expenses
• Loss of love, companionship, comfort, care, guidance, and protection

A related claim, called a survival action, may be brought by the estate for losses the person suffered before death, such as medical bills.

The Deadline

Wrongful death lawsuits generally must be filed within two years of the date of death. If a government agency may be responsible, a written claim typically must be filed within six months.

Speaking With Families

We know these conversations are difficult. The JVB Law Firm handles wrongful death cases with care and keeps families informed at every step. Call for a free, confidential consultation.