Who Can File a Wrongful Death Claim in California? Eligibility and Legal Rights Explained

Following a wrongful death, it may not be clear who is legally eligible to file a wrongful death claim in California. These types of cases are treated differently from state to state, which can leave surviving loved ones wondering, “Who can file a wrongful death claim in California?”

By exploring California’s unique laws, you can gain a better idea of how to move forward following the tragic death of a loved one.

Who Has Legal Standing to File a Wrongful Death Claim in California?

California’s civil laws go to great lengths to ensure that justice is served after a wrongful death. Under California Code of Civil Procedure § 377.60, a wrongful death claim may be filed by the decedent’s surviving spouse, domestic partner, children, or the descendants of any deceased children.

If there are no surviving direct descendants, then the right to file a wrongful death claim is passed to anyone who would inherit through intestate succession. In practice, this is usually the decedent’s parents or siblings. In some cases, legal guardians may also be allowed to file, especially if the decedent’s parents are deceased and the guardians served in a parental role.

Not everyone has a spouse and children at the time of their death. California law allows a putative spouse (someone who believed in good faith that they were married) to have the right to file a wrongful death claim when more direct parties are unavailable.

Stepchildren and parents who were financially dependent on the decedent may have legal standing to file on behalf of the deceased individual. A qualifying minor could be a child who lived in the home of the decedent for at least 180 days and relied on them for more than half of their support.

Wrongful death claims often lead to high-value settlements or court verdicts. The main reasons include the significant financial losses families suffer when a loved one dies, especially if that person provided for the family.

The costs of funeral expenses and the medical bills for any attempts to give life-saving support are also considerable. These damages can be factored into a final settlement agreement so loved ones receive compensation and accountability following a tragic loss.

How the Law Applies in the Context of Traffic Fatalities

Traffic-related deaths are an unfortunate reality of life in a densely populated state like California. In Los Angeles, DUI-related crashes are taken as a serious public safety concern. Even though 2024 saw a 36% decrease in deadly DUI crashes compared to the year prior, the city still ranks third for DUIs among large U.S. cities.

If a loved one dies in a crash, surviving loved ones have the legal right to pursue compensation through a wrongful death claim against the impaired driver. These claims can seek damages for lost financial support, funeral costs, and non-economic damages like pain and suffering.

Wrongful Death Case Considerations for Pedestrian and Bicyclist Deaths

California continues to report high numbers of fatalities among pedestrians and cyclists. In 2022, 1,158 pedestrians were killed across the state due to motor vehicle crashes. The year prior, 125 bicyclists were killed across the state. When a pedestrian or cyclist is killed, and the driver is at fault, a wrongful death claim may be the only avenue for the surviving family to hold the driver financially responsible.

FAQs About File a Wrongful Death Claim in California

Who Can Bring a Wrongful Death Action in California?

In California, a wrongful death claim may be filed by the deceased person’s surviving spouse, domestic partner, children, or, in some cases, dependent parents or stepchildren. If no direct family exists, others who are financially dependent on the deceased may qualify. California law outlines strict rules for eligibility, so confirming legal standing is an essential first step before moving forward with a claim.

What Is a Putative Spouse in California Wrongful Death Cases?

A putative spouse is someone who believed in good faith that they were legally married to the deceased, even if the marriage was later declared invalid. California law allows putative spouses to bring a wrongful death claim if they can show they honestly believed the marriage was valid. This legal status recognizes the reality of committed relationships that may not meet all technical legal requirements, but they were entered into with sincerity and trust.

What Evidence Is Used in a California Wrongful Death Case?

Evidence in a wrongful death case may include accident reports, medical records, eyewitness testimony, surveillance footage, and proof of financial and emotional loss. In California, the strength of the case depends on demonstrating both fault and damages. Special witnesses, including economists and medical professionals, may also be used to support claims for lost income, future support, and the value of companionship.

Who Receives Compensation in a California Wrongful Death Case?

Beneficiaries in a California wrongful death case typically include the surviving spouse, domestic partner, and children. If none exist, other relatives who were financially dependent may qualify. The court may divide compensation based on need and relationship to the deceased. California law prioritizes family members in a set order when determining who has the right to recover damages after a fatal incident.

Can You File a Claim Against a Deceased Person’s Estate in California?

Yes, if a deceased person was legally responsible for causing harm before death, a claim may be filed against their estate. This often happens when the person who caused the fatal injury dies shortly afterward. In California, such claims are handled through probate and must be filed within a limited time. Legal counsel can assist with navigating these complex proceedings.

Call Heimanson & Wolf to Understand Your Rights in a California Wrongful Death Claim

Losing a loved one due to someone else’s negligence is always a devastating experience that can leave you seeking accountability and justice. California law allows certain family members to take legal action and pursue financial recovery for their loss. Understanding who qualifies and how the process works is the first step toward justice.

At Heimanson & Wolf, we treat every case with care and dedication. Our team helps families navigate eligibility rules and build strong claims that honor their loved one’s memory. Contact our office today to schedule your consultation and learn how we can help you move forward during this difficult time.