The State of California law specifically defines who has the legal right to bring a wrongful death claim, and not everyone who grieves a loss is automatically entitled to file suit. Understanding these rules is an important first step for families navigating this painful situation, as it can make all the difference.

Under California Code of Civil Procedure Section 377.60, a wrongful death claim may be filed by the deceased person’s surviving spouse or domestic partner, their children, and their grandchildren if the children have also died. If none of these immediate family members exist, the claim may be brought by anyone who would be entitled to inherit from the deceased under California’s intestate succession laws, which can include parents or siblings depending on the circumstances. In certain situations, a person who was financially dependent on the deceased and lived with them for at least 180 days before the death, such as a putative spouse, stepchildren, or other dependents, may also have standing to bring a claim. It is worth noting that the right to file a wrongful death claim is separate from the right to pursue a survival action, which allows the estate of the deceased to pursue damages the person could have claimed had they survived, such as pain and suffering they experienced before death. Both types of claims can often be pursued simultaneously. The wrongful death statute of limitations in California is generally two years from the date of death. If you have lost a family member due to someone else’s negligence, reach out to us today.