Who is Eligible to File a Wrongful Death Claim in California?
Losing a loved one because of another person’s negligence or misconduct is devastating. California law clearly defines who can file a wrongful death claim, prioritizing immediate family members and recognizing dependents who relied on the deceased.
California Law on Wrongful Death
Wrongful death claims in California are governed by California Code of Civil Procedure Section 377.60. The statute clearly identifies who has the legal right to bring a claim. The law states in part:
“A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons, or by the decedent’s personal representative on their behalf: the decedent’s surviving spouse, domestic partner, children, and issue of deceased children…”
This language ensures that immediate family members and certain dependents have legal standing to pursue compensation.
Primary Parties Eligible to File in California
The law gives priority to the closest surviving relatives. The following individuals may file a wrongful death claim:
Surviving spouse or registered domestic partner
Surviving children of the deceased
Grandchildren of the deceased, if the children are also deceased
These parties have the first right to file a claim. If multiple qualifying family members exist, they must generally join together in one action.
Secondary Eligible Parties
If the deceased has no surviving spouse, partner, children, or grandchildren, other relatives may have the right to file. Eligible parties can include:
Surviving parents of the deceased
Siblings of the deceased
Children of deceased siblings
Grandparents
These individuals must show that they would be entitled to inherit from the deceased under California’s intestate succession laws.
Financial Dependents
California law also recognizes the rights of certain financial dependents, even if they are not immediate relatives. The following individuals may qualify:
Putative spouse who is a person who believed in good faith that they were married to the deceased
Children of a putative spouse
Stepchildren of the deceased
Legal guardians if they depended on the deceased for financial support
The inclusion of financial dependents ensures that individuals who relied on the deceased for support are not left without recourse.
What Does a Wrongful Death Claim Cover?
Wrongful death claims allow eligible parties to recover damages that help ease the financial and emotional strain of a loss. Compensation can include:
Funeral and burial expenses
Loss of financial support the deceased would have provided
Loss of companionship, care, and guidance
Household services the deceased would have contributed
These damages aim to support the surviving family members while acknowledging the profound impact of the loss.
Is There a Time Limit to File?
California imposes a strict statute of limitations. In most cases, surviving family members must file a wrongful death claim within two years from the date of death. Failing to file within this time frame can result in losing the right to recover damages.
Why It Is Critical to Hire a Wrongful Death Lawyer in California
Wrongful death cases are complex. Multiple parties may have the right to file, and disputes can arise over who is eligible. Insurance companies and defendants (at-fault parties) often attempt to minimize payouts, making it difficult for grieving families to secure fair compensation. An experienced wrongful death lawyer provides essential support by:
Identifying all eligible parties under California law
Ensuring the claim is filed within the statute of limitations
Gathering evidence to prove negligence or misconduct
Calculating the full extent of damages, including future financial losses
Handling negotiations with insurance companies and defense attorneys
Representing the family in court if a fair settlement cannot be reached
Families already facing overwhelming grief should not have to navigate the legal system alone.
Contact Our California Wrongful Death Attorney Today
Our Fresno personal injury attorneys are here to guide you through the legal process with compassion and dedication. Contact us online or call (559) 447-9000 today for a free consultation.
