Who Can File a Wrongful Death Claim in California?

Who Can File a Wrongful Death Claim in California, and What Damages May Be Available?

When someone dies because of another person’s actions, the family may have the right to file a wrongful death claim.

California law does not allow every relative to bring this type of case. It gives that right to certain surviving family members and financial dependents.

A wrongful death claim may seek payment for the financial and personal losses caused by the death. These losses may include funeral costs, lost financial support, and the loss of the person’s care and companionship.

At Phillips & Pelly, our San Diego wrongful death lawyers help families understand who may file, which parties may be responsible, and what damages the claim may include.

Who Can File a Wrongful Death Claim in California?

California Code of Civil Procedure section 377.60 identifies the people who may bring a wrongful death claim. They may include:

• A surviving spouse
• A surviving domestic partner
• The deceased person’s children
• The children of a deceased child
• Other people who would inherit through California’s intestate succession laws
• Certain people who depended on the deceased person for financial support

“Intestate succession” refers to the rules that decide who inherits when a person dies without a valid will.

The right to file does not depend only on who is named in a will. A person may inherit under a will but still lack the legal right to bring a wrongful death claim. The court looks at the categories set by California law.

Can a Surviving Spouse File a Claim?

A surviving spouse can usually bring a wrongful death claim.

The claim may include both financial and personal losses. For example, the surviving spouse may have lost the income, household services, care, comfort, and companionship that the deceased person provided.

A registered domestic partner may also have the right to file under California law.

An unmarried partner does not gain the same right based only on the length or strength of the relationship. The person may need to qualify under another part of the law, such as through financial dependence or intestate succession.

Can Children File a Wrongful Death Claim?

The deceased person’s children may bring a wrongful death claim.

This right can include both minor and adult children. An adult child does not lose the right to participate simply because they lived apart from the parent or supported themselves.

The nature of the damages may differ from one child to another. A minor child may have depended on the parent for housing, food, care, and financial support. An adult child may have lost guidance, companionship, affection, and other parts of the relationship.

If one of the deceased person’s children died earlier, that child’s children may have the right to take part in the claim.

Family structure can affect who qualifies. An attorney may need to review birth records, adoption records, marriage records, and other documents before confirming who may file.

Can Parents File After the Death of an Adult Child?

Parents may have the right to file after the death of a child, but the answer can depend on the family structure.

When the deceased person had no surviving spouse, domestic partner, children, or other descendants, a parent may qualify as an heir under California’s intestate succession rules.

A parent who depended on the deceased person for financial support may also have rights under the wrongful death law.

This issue may become more complex when the deceased person had a spouse, child, or other heir. Parents should not assume they can or cannot participate without having the family relationships reviewed.

Can Stepchildren File a Wrongful Death Claim?

A stepchild may qualify if the stepchild depended on the deceased person for financial support.

The family relationship alone may not be enough. The stepchild may need to show that the deceased person provided financial support for basic needs.

Useful records may include:

• Bank statements
• Housing records
• Tuition payments
• Insurance documents
• Tax returns
• Payment records
• Proof of shared expenses

Each situation is different. A stepchild who received regular support may have a stronger basis for a claim than one who had no financial relationship with the deceased person.

Can Other Financial Dependents File?

California law may allow certain other people to file if they depended on the deceased person.

This group may include a putative spouse, the children of a putative spouse, stepchildren, or parents. A putative spouse is someone who had a good-faith belief that they were legally married to the deceased person, even if the marriage was not valid.

A minor may also qualify in limited cases if the child lived in the deceased person’s home for the required period and depended on that person for at least half of their support.

These claims often require proof of both the relationship and the financial dependence. The right to file is not based only on emotional closeness.

What If Several Family Members Have the Right to File?

California treats a wrongful death claim as one combined action.

This means eligible family members should generally take part in the same case rather than filing separate lawsuits against the same defendant. The claim may include several people, each with different losses.

For example, a surviving spouse and two children may all have the right to participate. Their relationships with the deceased person may differ, but their claims are handled within the same wrongful death action.

It is important to identify all eligible people before the case moves forward. Leaving someone out can create delays, disputes, or other legal problems.

Family members may agree on how to divide a settlement. If they cannot agree, the issue may need to be resolved through the court.

What Must the Family Prove?

Having the right family relationship does not prove the whole wrongful death case.

The family must also show that another person or company caused the death through a wrongful act or failure to use reasonable care.

A claim may arise from:

• A car accident
• A truck or motorcycle crash
• A pedestrian accident
• An unsafe property condition
• A defective product
• A workplace incident involving another party
• Another form of negligent or wrongful conduct

Evidence may include police reports, video, witness statements, medical records, vehicle data, business records, expert opinions, and other documents.

The family must also show how the death caused the losses included in the claim.

What Damages May Be Available?

Wrongful death damages focus on what the surviving family members lost because of the death.

California’s wrongful death jury instructions divide these damages into economic and noneconomic losses.

Financial Support

The claim may include the financial support the deceased person would have provided during their expected lifetime or the surviving family member’s expected lifetime, whichever period is shorter.

This may include wages, business income, benefits, or other forms of support.

The calculation does not always rely on the person’s income at the time of death. It may also consider age, health, work history, career path, and other facts that could affect future earnings.

An expert may be needed when the financial loss is large or hard to measure.

Funeral and Burial Expenses

The family may seek reasonable funeral and burial expenses tied to the death.

Families should keep invoices, receipts, contracts, and proof of payment. These records can help document the amount claimed.

Lost Household Services

A wrongful death claim may include the value of household services the deceased person provided.

These services may include:

• Childcare
• Cooking
• Cleaning
• Home maintenance
• Transportation
• Yard work
• Managing bills
• Caring for another family member

These tasks have value even when the deceased person did not receive payment for doing them.

Loss of Care and Companionship

Eligible family members may seek damages for the loss of the relationship.

Depending on the relationship, this may include the loss of:

• Love
• Companionship
• Comfort
• Care
• Assistance
• Protection
• Affection
• Society
• Moral support
• Guidance

A surviving spouse or domestic partner may also seek damages for the loss of marital relations.

California’s wrongful death jury instructions list the financial and personal losses a jury may consider when deciding damages.

Can the Family Recover for Grief and Sorrow?

California wrongful death damages do not pay family members for their grief, sorrow, or mental pain by themselves.

The law instead focuses on the loss of the benefits and relationship the deceased person provided. This includes companionship, care, affection, guidance, financial support, and household services.

That distinction can feel narrow because grief is often one of the largest effects of a death. Still, the claim must follow the categories California law allows.

Family members can describe the relationship and what has been lost without placing a price on grief itself.

Is a Wrongful Death Claim the Same as a Survival Action?

No. They are related, but they address different losses.

A wrongful death claim belongs to eligible surviving family members. It seeks damages for what those family members lost because of the death.

A survival action continues certain claims the deceased person could have brought if they had lived. It belongs to the deceased person’s estate or successor in interest.

A survival claim may involve losses that happened between the injury and death, such as medical expenses, lost income, or damage to property. The exact damages will depend on the facts and the law in effect when the claim is filed.

Families may be able to bring both claims in the same case. A lawyer can determine whether the facts support one or both.

How Long Do You Have to File?

In many California wrongful death cases, the family has two years from the date of death to file a lawsuit under California Code of Civil Procedure section 335.1.

The California Courts Self-Help Guide also lists a two-year deadline for many wrongful death and personal injury cases.

Some cases have different or shorter deadlines.

A claim involving a government agency or public employee may require formal notice within months. A death tied to medical care may also involve a different deadline.

Do not wait until the family has every record or knows the full value of the case. Evidence can disappear, and missing a deadline may prevent the family from bringing the claim.

What Evidence Can Support the Family’s Damages?

The value of a wrongful death claim depends on evidence, not a fixed chart.

Helpful records may include:

• Pay records and tax returns
• Employment benefits
• Business records
• Household bills
• Funeral and burial invoices
• Photos and family records
• Messages and correspondence
• Proof of financial support
• Statements from relatives and friends
• Records of household services
• Medical and life expectancy evidence

The family’s testimony can also help show the nature of the relationship. Each eligible person may explain the support, care, guidance, and companionship the deceased person provided.

Phillips & Pelly may also work with financial or other experts when a case requires a detailed review of future losses.

Speak With Phillips & Pelly About a California Wrongful Death Claim

After a sudden death, families may not know who has the right to file or what the claim may include.

Phillips & Pelly can review the family relationships, investigate the cause of death, identify the responsible parties, and document the financial and personal losses.

Our firm has represented injury victims and families throughout San Diego County since 1997. You can review our case results to learn more about past recoveries for clients.

Contact our San Diego personal injury lawyers or send Phillips & Pelly a message to request a free case evaluation.

No Win, No Fee. If we accept your case and do not recover compensation for you, you owe no attorney fees.