California wrongful death claims: who may file?

California law identifies who may bring the claim.

Code of Civil Procedure section 377.60 allows a California wrongful death claim to be asserted by the decedent’s surviving spouse, registered domestic partner, children, and the issue of a deceased child. If the decedent leaves no surviving issue, people who would inherit through California intestate succession may also qualify.

The decedent’s personal representative may bring the action on behalf of the eligible people. Family relationships and estate status should be confirmed early because a close personal relationship alone does not necessarily establish standing under the statute.

Dependency can determine whether other family members qualify.

Section 377.60 separately includes a putative spouse, children of a putative spouse, stepchildren, parents, and certain legal guardians when they were dependent on the decedent. The statute defines a putative spouse as the surviving spouse of a void or voidable marriage whom the court finds believed in good faith that the marriage was valid.

A parent or stepchild therefore should not assume that the family label alone decides eligibility. The decedent’s surviving issue, intestate-succession rules, dependency, and the specific statutory category can all matter.

A dependent minor may qualify under a specific household rule.

A minor who does not otherwise qualify may still have standing if, at the time of death, the minor had lived in the decedent’s household for the preceding 180 days and depended on the decedent for at least one-half of the minor’s support.

Documents showing residence and financial support can be important when this provision is at issue. Examples may include school or medical records, benefit records, tax documents, household bills, and payment histories.

Wrongful death and survival actions are different claims.

A wrongful death claim belongs to the people authorized by section 377.60 and addresses the death caused by another’s wrongful act or neglect. Section 377.61 authorizes damages that are just under the circumstances but excludes damages recoverable through the decedent’s own surviving cause of action.

A survival action is the decedent’s claim that continues after death. Under section 377.30, it may be brought by the decedent’s personal representative or, if there is none, the successor in interest. Section 377.34 separately controls which damages may be recovered on that claim. The two actions can arise from the same event, but they have different claimants and damages rules.

Confirm the claimants and preserve the underlying evidence early.

Begin by collecting the death certificate, marriage or domestic-partnership records, birth certificates, estate documents, and evidence of dependency when relevant. A family tree and a list of possible heirs can help identify questions that need to be resolved before a claim is filed.

The underlying incident evidence is equally important. Depending on whether the death followed a car, truck, rideshare, motorcycle, premises, workplace, or other event, preserve photographs, video, electronic vehicle data, witness information, reports, medical records, employment and financial documents, and funeral-related records. The relevant evidence and legal deadlines depend on the facts and the defendants involved.

Common questions