Who Can File a Wrongful Death Claim in California?

Legal Guides · Updated October 2026

Who can file a wrongful death claim in California? The law gives that right first to the closest family members, usually a spouse or domestic partner and children, and in some cases to others who depended on the person who died. Here is how eligibility, damages and deadlines work.

On this page: Who can file · One case · Damages · Survival actions · Deadlines · FAQ

Who Can File

California Code of Civil Procedure section 377.60 defines who may bring a wrongful death claim. In general:

First in line

• The surviving spouse or registered domestic partner
• The deceased person’s children
• Grandchildren whose parent (the deceased person’s child) has also died

If none of those survive

The people who would inherit from the deceased person under California’s intestate succession laws, such as parents or siblings, may bring the claim.

Others who depended on the deceased

Certain people may also file if they were financially dependent on the deceased person, including a putative spouse (someone who believed in good faith that they were validly married), that person’s children, stepchildren, and parents. In some circumstances, a minor who lived in the household for at least 180 days and depended on the deceased for at least half of their support may also qualify.

One Case for the Whole Family

California generally requires all eligible heirs to bring their claims together in a single lawsuit. One family member cannot settle the case in a way that cuts out the others. Recovery is then divided among the heirs based on their individual losses.

What Can Be Recovered

Economic losses

• The financial support the deceased would have provided
• The value of household services, such as childcare and home maintenance
• Funeral and burial expenses

Non-economic losses

The loss of the deceased person’s love, companionship, comfort, care, protection, affection, guidance and moral support. California law does not compensate for grief or sorrow as such, but these relational losses are often the most significant part of a wrongful death case.

Wrongful Death Claims vs. Survival Actions

A wrongful death claim compensates the family for their losses. A separate claim, called a survival action, is brought by the deceased person’s estate for losses the deceased suffered before death, such as medical bills and lost earnings, and in some cases punitive damages. The rules on what a survival action can recover have changed in recent years, so families should get advice about which claims apply.

Deadlines

• Most wrongful death claims must be filed within two years of the death.
• If a government agency or employee may be responsible, a government claim is generally due within six months.
• Different and sometimes shorter deadlines apply in cases involving medical care.

Common Causes

Wrongful death claims arise from car accidents, truck accidents, motorcycle accidents, pedestrian accidents, drunk driving crashes, dangerous property and defective products, among other causes. Learn more on our wrongful death page.

We understand that families are grieving, and we handle these cases with care and discretion. Consultations are free and confidential, and we handle wrongful death cases on contingency.

Frequently Asked Questions

Can parents sue for the wrongful death of an adult child in California?

Parents can file if the adult child left no spouse, domestic partner or children, because parents would then inherit under intestate succession. Parents who were financially dependent on the child may also qualify.

Can siblings file a wrongful death claim?

Siblings generally can only file if there is no surviving spouse, domestic partner, child, grandchild of a deceased child, or parent who would inherit ahead of them.

How long do I have to file a wrongful death lawsuit in California?

Generally two years from the date of death, with a six-month government claim deadline if a public entity may be responsible.

Do all family members have to join the same lawsuit?

Generally yes. California follows a one-action rule, so eligible heirs bring their claims together, and the recovery is divided among them.

This guide provides general information about California law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation depends on its facts, so speak with a lawyer about yours.