Who Can File a Wrongful Death Claim in California?

Your Rights If Your Loved One Was Killed Due to a Wrongful Act or Neglect

If your loved one was killed because of another person’s negligence or wrongful conduct, you might be able to bring a wrongful death lawsuit. Under California law, only certain people may file and benefit from a wrongful death claim, including the decedent’s surviving spouse and children. 

At LNN, we represent individuals who have lost a loved one in a wrongful death case. Our lawyers are experienced trial attorneys who will not rest until you receive the best possible outcome in your case. If your family member died because of another person’s wrongful act, contact our office at (213) 232-4848 to schedule a free, no-obligation consultation. 

Who Can Bring a Wrongful Death Lawsuit in California?

According to the California Code of Civil Procedure § 377.60, several parties may bring a cause of action based on wrongful death. However, it is important to discuss your case with an attorney to determine if you have a valid claim for damages. 

Parties who can file a wrongful death claim in California: 

• The decedent’s personal representative
• A surviving spouse
• A domestic partner
• The decedent’s children
• Issue of deceased children

If there is not a surviving spouse, domestic partner, or surviving issue of the decedent, then the people who would be entitled to the property through intestate succession may file a claim. 

What If the Parents of the Decedent Are Deceased?

If the decedent’s parents are deceased but would have been able to file a wrongful death claim, then the decedent’s legal guardians may bring a cause of action. 

Can a Putative Spouse File a Wrongful Death Claim?

A putative spouse is a spouse who entered into an invalid marriage believing in good faith that the marriage was valid. Under California law, a putative spouse may bring a wrongful death claim if they can prove that they were dependent on the decedent.

In addition to the putative spouse, the children of the putative spouse, stepchildren, and parents,  may also bring a wrongful death claim if they relied on the decedent.

Can an Unrelated Minor File a Wrongful Death Claim?

State law also allows a minor who had resided with the decedent for the 180 prior to their death and was dependent (one-half or more) on the decedent for support, may be entitled to bring a cause of action. 

Financially Dependent Individuals

California law extends wrongful death rights to certain individuals who were financially dependent on the deceased, even if they are not immediate family members. This provision exists to protect those whose day-to-day well-being was tied to the decedent’s support.

Those who may qualify include:

• Minors or young adults (under 18 or 18–23 if a full-time student) who lived with the decedent and received at least half their financial support.
• Putative spouses, stepchildren, or adult dependents—including those with disabilities—who relied on the decedent for housing, food, or financial stability.
• In limited cases, non-relatives who share the same household and can clearly demonstrate dependency.

These individuals may not fit neatly into the spouse-or-child category but may still have the right to recover damages. At LNN, we often uncover valid dependency claims that families did not realize existed.

Our team reviews financial records, tax filings, and household documents to show the level of support provided. We also collect witness statements to strengthen dependency evidence. If you believe you depended financially on a deceased loved one:

• Preserve proof of shared expenses, rent payments, or financial transfers.
• Gather mail or records showing co-residence.
• Contact an attorney immediately to evaluate your eligibility and preserve evidence before deadlines expire.

Our firm helps dependents tell their story with compassion and clarity—ensuring no rightful claimant is left behind.

Personal Representatives

Another important role in wrongful death actions is the decedent’s personal representative, often the executor or administrator of the estate. California law allows this representative to file a single claim on behalf of all eligible heirs, simplifying the legal process and avoiding multiple lawsuits. The personal representative may:

• Bring the wrongful death action in coordination with probate proceedings.
• Recover damages on behalf of the estate and distribute them among qualifying beneficiaries.
• Handle necessary estate duties, including notifying heirs and settling debts.

If the decedent left a will, the named executor typically serves in this role. If not, the court may appoint an administrator—often a surviving family member—to act on the estate’s behalf.

In complex family structures, such as blended families or multiple generations, this approach ensures that all rightful heirs are included in one coordinated claim. Working with a skilled attorney ensures that the representative’s duties are fulfilled properly and that the claim proceeds efficiently.

At LNN, we collaborate with probate counsel to manage both the estate and wrongful death components of your case. This coordination helps prevent disputes among heirs and ensures a timely and fair recovery for everyone involved.

Filing a Wrongful Death Claim in California

If your loved one died because of the neglect or wrongful act of another person, you might be able to bring a wrongful death lawsuit. You need to speak to a lawyer about your case. Depending on your situation, you may be entitled to damages for lost income, loss of companionship, funeral expenses, and emotional suffering.

A wrongful death case is never just a lawsuit—it is an effort to protect your family’s stability and honor your loved one’s legacy. California’s laws on who can file a wrongful death claim are detailed, and understanding them is critical before taking action.

Whether you are a surviving spouse, child, financially dependent individual, or personal representative, the attorneys at LNN can guide you through every step. We handle the paperwork, investigation, and negotiations so your family can focus on healing.

Call for a free consultation. There is no fee unless we win your case.