Who Can File a Wrongful Death Lawsuit in California?

The loss of a loved one is always devastating, but when that loss is sudden and caused by someone else’s negligence or wrongful act, the emotional pain is often accompanied by financial challenges and significant disruptions. In California, the law allows certain individuals to bring a wrongful death lawsuit to seek compensation for the losses they’ve suffered. However, not everyone is eligible to file. Understanding who can bring such a claim is crucial to protecting rights and ensuring families receive the justice they deserve. Learn more below, and contact Kalfayan Merjanian, LLP, to speak with a skilled and compassionate California wrongful death attorney.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil claim brought against a person, business, or entity whose negligence or wrongful conduct caused another person’s death. Unlike criminal cases, which are filed by the state and can result in jail or prison time, wrongful death cases are filed by eligible family members or representatives seeking financial compensation. Damages in these cases can include funeral expenses, loss of financial support, loss of companionship, and other related losses. Both types of cases are important paths to justice for the bereaved and the person who was taken from them.

California Laws on Who Can File a Wrongful Death Claim

Under California law, only certain people have the legal right, known as “standing,” to file a wrongful death lawsuit. Standing is outlined in the California Code of Civil Procedure, and the statute is designed to ensure that those most closely connected to the deceased have priority in seeking justice.

The surviving spouse or registered domestic partner is typically first in line to file. This also includes a “putative spouse,” i.e., someone who genuinely and reasonably believed they were married to the deceased, even if the marriage was later determined to be invalid. This provision recognizes the reality of relationships where there was a mutual commitment and shared life, even if a legal technicality invalidates the marriage certificate.

If the deceased person had children, whether biological or adopted, they also have the right to bring a claim. If any of those children have passed away, their children (the grandchildren of the deceased) can step into their place and file. This approach ensures that the right to sue remains within the immediate family line.

Some situations involve dependent minors who lived with the deceased and relied on them for financial support. These minors may be stepchildren, foster children, or others in the household who depended on the decedent for care and sustenance. California law gives them the right to file or join a wrongful death action if they lived with the deceased for at least six months before the death and relied on the deceased for at least half of their financial support.

If there is no surviving spouse, domestic partner, child, or dependent minor, the right to sue may pass to the parents of the deceased. If the parents are not living or are otherwise not eligible, the right can extend to other heirs under California’s intestate succession laws, such as siblings, nieces, nephews, or even more distant relatives. The key factor is whether the person would be entitled to inherit from the deceased if there were no will.

Finally, the personal representative of the deceased’s estate, whether named in a will or appointed by the court, can file a wrongful death lawsuit. In that role, the personal representative is responsible for pursuing the claim on behalf of all eligible survivors and distributing any recovery according to California estate law.

Why It Matters Who Files

California courts typically expect all eligible claimants to be included in a single wrongful death lawsuit. This prevents multiple lawsuits against the same defendant for the same death and ensures a more efficient resolution. If some eligible family members are unwilling or unable to participate, the claim can still proceed, but those individuals will generally need to be named in the lawsuit.

Determining the proper party to file is critical because filing by an ineligible person can result in the case being dismissed. In addition, California’s statute of limitations for wrongful death claims is generally only two years from the date of death, meaning delays can cost you the opportunity to seek justice altogether.

The Role of a Personal Representative

In many cases, the personal representative of the estate plays a key role. They can file the claim on behalf of all eligible parties and manage the distribution of any settlement or judgment. This approach can simplify the process and reduce conflict among family members, especially in cases where there are multiple eligible claimants spread across different branches of a family.

Damages in a California Wrongful Death Lawsuit

Although the primary focus of this post is on who can file, it’s worth understanding what’s at stake. Damages in a wrongful death case can include:

• Funeral and burial expenses
• The financial support the deceased would have provided
• The loss of benefits or gifts the deceased would have given
• The value of household services that the deceased would have contributed
• Loss of companionship, love, care, and guidance

In addition, the estate may pursue a related claim known as a survival action. This type of claim seeks compensation for damages the deceased could have recovered if they had survived, such as medical bills, lost wages, and pain and suffering before death.

Why You Need Legal Guidance

Wrongful death cases can be complex, particularly when determining who is eligible to file. Disputes among family members are not uncommon, especially in blended families or situations where multiple parties believe they have the right to bring a claim. An experienced California wrongful death attorney can help clarify who has standing, coordinate among eligible family members, and file the lawsuit within the required time frame.

At Kalfayan Merjanian, LLP, we understand the emotional and legal challenges that come with losing a loved one. Our attorneys guide clients through the legal process with compassion and determination, with a goal of ensuring that those responsible are held accountable and that surviving family members receive the compensation they deserve.

Taking the First Step

If you have lost a loved one due to another’s negligence, recklessness, or intentional harm, the first step is to determine whether you have the legal right to file a wrongful death claim in California. Once that’s established, swift action is important to preserve evidence, meet deadlines, and protect your family’s rights.

We fight tirelessly to help our clients secure justice for their loved ones. Contact Kalfayan Merjanian, LLP today for a free consultation. We will review the details of your case and explain your legal options.