Who Can File a Wrongful Death Claim in California?

Who Can File a Wrongful Death Claim in California?

• October 8, 2025
• Categories: Wrongful Death

California’s wrongful death laws provide a legal avenue for surviving family members and dependents to seek compensation when a loved one dies due to another party’s negligence, recklessness, or intentional harm. Governed primarily by Code of Civil Procedure (CCP) § 377.60, these laws balance the rights of loved ones with the need for judicial efficiency and fairness. While the law can seem confusing, there is logic behind the ways the statutes are written.

Legal Framework of Wrongful Death Claims in California

California’s wrongful death cause of action arises under CCP § 377.60, which permits specific individuals to sue for damages resulting from a death caused by a “wrongful act or neglect.” A “wrongful act” encompasses negligence (Example: car accidents), gross negligence (Example: medical malpractice), recklessness (Example: DUI collisions), and intentional misconduct (Example: assault). Unlike criminal proceedings, wrongful death claims require only a preponderance of evidence to establish liability, making them accessible even if criminal charges are not filed or result in acquittal.

The statute distinguishes between wrongful death claims (filed by surviving relatives for their own losses) and survival actions (filed by the estate to recover the deceased’s pre-death damages, such as medical expenses or pain and suffering). While punitive damages are unavailable in wrongful death suits, they may be pursued in survival actions if the deceased’s injuries warranted them. Timely consultation with a personal injury lawyer is critical to navigate these complexities and maximize recovery.

Why Choose Neale & Fhima as Your Legal Advocate?

At Neale & Fhima, we fight aggressively to get the compensation you deserve in a California wrongful death case. Our outstanding client testimonials speak volumes about our law firm’s skill and expertise. Here’s why clients hire us:

• No Surprises. We’ll tell you upfront what you can expect from the legal process and what the strengths and weaknesses of your claim are.  Then you can decide whether to hire us.
• We Know the Law. California law can be complicated and overwhelming.  We’ll help you understand the law, avoid pitfalls, and build a powerful legal claim.
• Years of Experience. Our lawyers possess more than 40 years of combined experience representing clients throughout Southern California.
• We Value Client Relationships. You matter to us. High-volume law offices often think of clients as a number on a case file.  We’re different. We like getting to know our clients and their families.

Eligibility to File a Wrongful Death Lawsuit

It’s important to understand who can – and who cannot – file a wrongful death lawsuit in California.

Primary Recipients Under CCP § 377.60

California law prioritizes people who file a wrongful death claim based on their relationship to the deceased, with eligibility extending to:

1. Immediate Family Members

• Surviving Spouses and Domestic Partners: Legal spouses or registered domestic partners hold the highest priority, provided the partnership was formally recognized under state law.
• Children and Grandchildren: Children and grandchildren qualify, with grandchildren eligible if the deceased’s children are also deceased.

2. Dependent Minors and Putative Spouses

• Dependent Minors: Minors who resided with the deceased for at least 180 days and relied on them for 50% or more of their financial support can file, even if not biologically related (Example: stepchildren or foster children).
• Putative Spouses: Individuals who entered a marriage in good faith, unaware of its invalidity (Example: due to the decedent’s undisclosed prior marriage), may file if they were financially dependent on the deceased. A 2013 ruling in Ceja v. Rudolph & Sletten, Inc. expanded eligibility by requiring only a subjective belief in the marriage’s validity, regardless of objective legal flaws.

3. Extended Family and Heirs

• Parents and Siblings: If no spouse, partner, or children survive, parents may file. In their absence, siblings become eligible.
• Intestate Succession Heirs: When no immediate family exists, individuals entitled to inherit under California’s intestacy laws (Example: grandparents, cousins) may file.

Recoverable Damages in California Wrongful Death Actions

You can recover different kinds of damages in California wrongful death cases, based on the facts in your unique case. Typically, the more severe the injuries, the higher the payout.

Economic and Non-Economic Compensation

Damages aim to offset both financial and emotional losses:

1. Economic Damages

• Lost Financial Support: Projected earnings the deceased would have contributed to the household
• Funeral and Burial Costs: Reasonable expenses related to interment
• Household Services: Value of services the deceased provided (Example: childcare, home maintenance)

2. Non-Economic Damages

• Loss of Companionship, Guidance, and Affection: Compensation for emotional harm to spouses, children and others (capped at $250,000 in medical malpractice cases)
• Pain and Suffering of the Deceased: Recoverable only through survival actions, not wrongful death claims

Unlike survival actions, wrongful death suits exclude the deceased’s pre-death medical expenses or property damage, which remain in the estate’s scope.

Survival Actions: Complementing Wrongful Death Claims

Key Differences and Overlaps

Survival actions, governed by CCP § 377.30, allow the estate to pursue claims the deceased could have filed had they survived. These include:

• Medical expenses incurred before death
• Lost wages from the injury date until death
• Pain and suffering experienced by the deceased prior to death.

A single wrongful death lawsuit often consolidates both survival and wrongful death claims to streamline proceedings. However, survival actions have a distinct statute of limitations—two years from the injury date or six months after death, whichever is later.

Statute of Limitations

• Wrongful Death Claims: Generally, two years from the date of death, with some exceptions.
• Government Entities: Claims against public agencies require you to file within six months.
• Medical Malpractice: The limit extends to three years from injury or one year from discovery.
• Survival Actions: As noted, deadlines vary based on injury timing and estate administration.

Comparative Negligence

California’s pure comparative negligence system reduces damages proportionally if the deceased contributed to their own death. For example, if a victim was 20% responsible for a car accident, their family’s recovery decreases by 20% of the total damages.

The “One Action” Rule

All eligible persons must join a single lawsuit to prevent duplicate litigation. This necessitates coordination among family members, often requiring court-appointed representatives for minors or incapacitated heirs.

Recent Legal Developments Shaping Wrongful Death Litigation in California

Subjective Good Faith in Putative Spouse Claims

The Ceja decision (2013) lowered the bar for putative spouses by focusing on subjective belief in marriage validity, irrespective of legal defects. This shift expanded access to compensation for partners in informal or culturally recognized unions.

Evolving Standards for Dependent Minors

Courts increasingly scrutinize the 180-day cohabitation requirement for dependent minors, particularly in blended families. Recent cases emphasize the need for documented financial dependency to prevent fraudulent claims.

California’s wrongful death laws provide a structured framework for families to seek justice after a preventable loss. Key challenges remain, such as navigating comparative negligence and adhering to strict filing deadlines. Recent rulings, like Ceja, reflect a growing recognition of diverse family structures, ensuring broader access to remedies. Future reforms may address caps on non-economic damages and streamline coordination between survival and wrongful death claims. Until then, understanding the nuances of CCP § 377.60 remains essential for anyone seeking damages under California’s wrongful death statutes. Because these laws can be extremely complicated, hiring a California wrongful death attorney to represent you can ensure your legal rights are protected.

Our California Wrongful Death Attorneys Are Compassionate and Skilled

If you’ve lost a loved one due to someone else’s negligence, a Southern California wrongful death lawyer at Neale & Fhima will fight to get the compensation you deserve. We’ll negotiate with integrity and aggressiveness on your behalf to ensure that you receive the damages you’re entitled to. Our top-notch law firm has an outstanding record of recovering more than $50 million in rightful compensation for victims throughout California. We understand that this is a terrible time of grieving for you. Our compassionate and caring team will walk beside you every step of the way throughout the legal process.  We treat victims like family. For a free consultation about your case, call us at 888-407-2955.