Who Can File a Wrongful Death Lawsuit in California?

Not every friend or relative of someone who passes away is legally entitled to bring a wrongful death lawsuit in court.

The victim’s surviving spouse, domestic partner, children, and/or sometimes those who would be entitled to the deceased’s property by intestate succession may file a wrongful death claim in California.

If someone does not fall within those guidelines but they were dependent on the deceased – including a putative spouse, children of a putative spouse, stepchildren, or parents among others – they may file a wrongful death claim.

The last situation in which a person can file a wrongful death claim is when a minor lived with the deceased in their household for 180 days prior to death and was dependent upon them for one-half or more of their financial support.

Having a knowledgeable and empathetic attorney by your family’s side to guide you through this process will be critical to holding the negligent or malicious party or parties accountable financially for your loss.