Wrongful Death
Who Can File a Wrongful Death Lawsuit in California?
In California, a wrongful death lawsuit can be filed by the person’s surviving spouse or registered domestic partner, children, and the children of a deceased child. If none of those relatives survive, anyone who would inherit under California intestate succession, such as parents or siblings, may file. Certain dependents, including a putative spouse, stepchildren, parents, and minors who lived in the household, may also have the right to sue if they depended on the person financially. These rules come from Code of Civil Procedure Section 377.60.
Knowing who has standing matters because California generally expects all eligible heirs to bring their claims together in one lawsuit.
The Order of Eligible Family Members
| Who May File | When They Qualify |
|---|---|
| Surviving spouse or domestic partner | Always eligible |
| Children and children of a deceased child | Always eligible |
| Parents, siblings, and other heirs | If no spouse, partner, or descendants survive, based on intestate succession |
| Putative spouse, stepchildren, parents | If they were financially dependent on the person who died |
| Minor living in the household | If the minor lived there for the prior 180 days and received at least half of their support from the person who died |
California courts treat a wrongful death claim as a single joint action. All eligible heirs are generally expected to be part of the same case, and the recovery is then divided among them. An heir who is left out may raise problems later, so identifying every eligible family member at the start is important.
Wrongful Death vs. Survival Action
Families often have two related claims. A wrongful death claim compensates the family for its own losses. A survival action under Code of Civil Procedure Section 377.30 is brought by the estate’s personal representative or successor in interest and recovers losses the person suffered before death, such as medical bills and lost earnings up to the date of death. California recently changed the rules on whether pain and suffering damages can be recovered in a survival action, so an attorney should confirm which rules apply to your case.
What Damages Can the Family Recover?
- Financial support the person would have provided over their expected lifetime
- Household services such as childcare, home maintenance, and caregiving
- Loss of love, companionship, comfort, and guidance
- Funeral and burial expenses
California does not allow wrongful death damages for the family’s grief or sorrow on its own, and punitive damages are not available in the wrongful death claim itself. For a closer look at value, see which damages you can claim after a serious injury.
Unsure whether you have the right to file? A free, confidential case review can help you understand your family’s options.
Get a Free Case ReviewDeadlines for a California Wrongful Death Claim
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Two Years From the Date of Death
Most wrongful death lawsuits must be filed within two years under Code of Civil Procedure Section 335.1.
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Six Months for Government Claims
If a city, county, or state agency may be responsible, a written claim generally must be filed within six months under Government Code Section 911.2.
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Evidence Preservation Starts Now
Crash reports, vehicle data, surveillance footage, and medical records can be lost long before any deadline, so early action helps.
A Walnut Creek wrongful death lawyer can identify eligible heirs, coordinate a survival claim with the estate, and handle communication with insurers while the family grieves.
Frequently Asked Questions
Can a parent sue for the wrongful death of an adult child?
Yes, if the adult child left no spouse, domestic partner, or children, or if the parent was financially dependent on them.
Can siblings file a wrongful death claim in California?
Siblings may file only if no spouse, partner, children, or parents would inherit ahead of them under intestate succession.
Can an unmarried partner file?
Generally only if the couple was in a registered domestic partnership or the partner qualifies as a putative spouse.
Does a criminal case have to finish first?
No. A civil wrongful death claim is separate and can move forward whether or not criminal charges are filed.
Lost a Loved One Because of Someone Else’s Negligence?
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