If a loved one passes away as a result of someone’s negligence, recklessness, or intentional act, the emotional impact on the bereaved family is often catastrophic. In the state of California, the law permits some individuals to sue for wrongful death so that justice can be served and compensation obtained for their loss. Not everyone who is close to the deceased, however, has the legal right to file such an action.
This article describes who may file a wrongful death case in California, how legal standing is established, and how courts deal with multiple claimants when more than one individual is eligible to sue.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by specific survivors of a deceased person who died due to the wrongful or negligent conduct of another party. Unlike criminal cases, which aim to punish the wrongdoer, a wrongful death claim is intended to provide compensation to family members for the personal and financial losses they suffer due to the death.
The legal authority to file such lawsuits in California comes from California Code of Civil Procedure § 377.60, which clearly defines who has standing.
Who Is Eligible to Bring a Wrongful Death Claim?
California law limits the right to file a wrongful death claim to a specific list of individuals. These include:
1. Surviving Spouse or Registered Domestic Partner
The legal spouse or a state-registered domestic partner of the decedent is first in line to file a claim. A spouse is eligible even if they were separated at the time of death, so long as they were not divorced. Domestic partners must be registered with the California Secretary of State to qualify.
2. Children of the Decedent
Biological and legally adopted children have standing to sue for wrongful death. Minor children, in particular, may suffer significant emotional and financial harm due to the loss of a parent and are often entitled to compensation for loss of support, guidance, and companionship.
3. Grandchildren of the Decedent (If the Children Are Deceased)
If the decedent’s children are also deceased, grandchildren may bring a wrongful death lawsuit in their place. This maintains the line of succession and ensures compensation flows to the next closest generation.
4. Other Heirs Under California’s Intestacy Laws
If the decedent dies without a surviving spouse, domestic partner, or children, the right to file a wrongful death claim may pass to other relatives who would be entitled to inherit under California’s intestate succession rules, such as:
- Parents
- Siblings
- Nieces and nephews
- Grandparents
Courts will look to Probate Code §§ 6400–6414 to determine who qualifies under intestate succession.
5. Putative Spouse and Stepchildren
In certain cases, individuals who were not legally married or adopted may still bring a claim if they can show they were financially dependent on the decedent:
- A putative spouse (someone who had a good faith belief they were legally married)
- Children of the putative spouse
- Stepchildren who were financially dependent on the decedent
- Parents who depended on the decedent for financial support
These claimants must prove they relied on the deceased for at least part of their living expenses.
Multiple Claimants in a Wrongful Death Case
California law allows all eligible heirs to join in one wrongful death lawsuit. If not all interested parties are included initially, the court may require that they be joined later. A claim cannot proceed to judgment unless all known heirs are either:
- Named as plaintiffs,
- Properly notified and declined to participate, or
- Included as defendants so they can protect their interests
This is done to prevent multiple lawsuits for the same death and ensure fair distribution of damages.
If the eligible family members cannot agree on how to divide any settlement or jury award, the court may intervene and make an equitable distribution based on factors like:
- Degree of dependency on the deceased
- Closeness of the relationship
- Emotional loss suffered
Wrongful Death Claims vs. Survival Actions
It’s important to distinguish between a wrongful death claim and a survival action, which is filed on behalf of the decedent’s estate, not the family.
A survival action may be brought by the executor or personal representative of the estate and seeks compensation for:
- Medical bills incurred before death
- Lost income between injury and death
- Property damage
- Punitive damages (in certain cases)
While a wrongful death lawsuit compensates survivors for their personal losses, a survival action addresses what the deceased could have claimed had they lived.
Often, both types of claims are filed together, and the damages are handled separately.
What If There’s a Will or Estate Plan?
A will does not govern who may file a wrongful death claim. The right to sue is established by statute, not the decedent’s wishes. However, if a survival action is being pursued, the executor named in the will (or the court-appointed administrator if there is no will) will represent the estate in that proceeding.
Special Circumstances
Here are some additional issues that may arise in wrongful death cases:
- Estranged relatives may still have standing, even if they were not close to the deceased
- Minors must have a guardian ad litem appointed to represent them in court
- Disputed paternity or adoption may require legal clarification before filing
Each case is fact-specific, and courts will assess eligibility based on documentation, dependency, and legal status.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
