In California, only certain people can file a wrongful death lawsuit when a loved one dies because of someone else’s negligence or wrongdoing. This includes the spouse, domestic partner, children, or other dependents such as parents or stepchildren.
If none of these relatives is alive, a personal representative of the deceased’s estate can file the case on behalf of all eligible family members. Not knowing who qualifies or missing the filing deadline can cost your family the right to seek compensation, and that’s why working with an experienced wrongful death attorney is so important.
If you’ve lost a loved one due to someone else’s wrongful act, Saeedian Law Group can help you get the compensation you deserve. With over 16 years of experience, our experienced wrongful death attorneys can gather useful evidence, negotiate settlements on your behalf, handle insurance companies, or represent you in court. Schedule a free consultation with us today.
This blog explains who can file a wrongful death lawsuit in California, who has priority, the types of damages available, and how to file a claim.
What Are California Wrongful Death Laws?
Under California Code of Civil Procedure §377.60, a wrongful death occurs when a person dies because of another party’s wrongful act or negligence. This means the death could have been avoided if the responsible party had acted with proper care. Wrongful deaths include those caused by car accidents, unsafe premises, defective products, medical malpractice, or even criminal acts like assault or homicide.
The purpose of the law is to give surviving family members a way to recover compensation for both financial losses and the emotional pain caused by the death. In essence, it allows family members to seek justice and recover damages the deceased could have pursued if they had survived. Beyond easing the financial burden on the family, wrongful death claims also aim to hold the at-fault party accountable for their actions.
Who Can File a Wrongful Death Lawsuit in California?
In California, only certain people who had a close relationship or financial dependence on the deceased are legally allowed to file a wrongful death lawsuit. Such people include:
- The decedent’s surviving spouse, or registered domestic partner,
- Biological or legally adopted children
- Grandchildren (if the children are deceased),
- Dependents such as parents, stepchildren,
- Putative spouses, and
- Personal representatives (executor or administrator).
We’ll group these sets of people into 3 main categories.
1. Immediate Family Members
In this context, immediate family members include the surviving spouse, domestic partner, and children. If the deceased’s children are also no longer living, the grandchildren may step in and file the claim on behalf of their parent’s line of descent. These individuals are considered the most directly affected, both emotionally and financially, by the loss. Their right to file is automatic under the law and takes precedence over all other relatives or dependents.
2. Dependent Relatives and Heirs
If there are no surviving spouses, domestic partners, or children, other family members who were financially dependent on the deceased may have the right to file. This category can include the decedent’s parents, stepchildren, putative spouses, and the decedent’s legal guardians. A putative spouse is someone who genuinely but mistakenly believed they were married to the deceased.
To qualify, these individuals must show that they depended on the deceased for financial support or essential services. For example, a parent who depended on their adult child for housing or care may be eligible to file under this rule.
3. Personal Representative of the Decedent’s Estate
In some cases, the personal representative of the deceased person’s estate may file a wrongful death lawsuit on behalf of all eligible family members. The representative is also known as the executor or administrator. They act as a legal stand-in to ensure that the claim is properly filed and that any awarded compensation is distributed fairly among those entitled to it. That way, the family can prevent multiple lawsuits and ensure that all heirs are included in a single legal action.
Who Has Priority When Filing a Wrongful Death Lawsuit?
The CCP 377.60 establishes a clear order of priority for who can file a wrongful death lawsuit in California. The goal is to ensure that only the most directly affected family members or dependents can file. That way, the legal system can prevent multiple overlapping lawsuits over the same death.
The highest priority goes to the deceased’s surviving spouse, registered domestic partner, and children. They have the strongest legal right because they are presumed to be the most directly affected by the loss, both emotionally and financially.
If the deceased’s children have already passed away, the grandchildren of the deceased may take their parent’s place in filing the wrongful death lawsuit. This follows California’s principle of right of representation, meaning the legal right to claim passes down to the next generation.
If none of these people is alive, the right to file passes to other financial dependents or close relatives. This category may include parents, stepchildren, putative spouses, and the surviving children of putative spouses. However, without proof of dependency, they may not qualify to file.
If no eligible family members comes forward, the decedent’s personal representative can file the wrongful death lawsuit on behalf of all heirs. If they recover any damages, they distribute it among the rightful beneficiaries according to California’s laws of inheritance or the deceased’s will.
Although several people may be eligible to file, California law allows only one wrongful death action per deceased individual. Therefore, instead of filing separate cases, all qualified heirs must join together in a single lawsuit. If one person files without including others, the court will typically require that all known heirs be notified and given the chance to participate. The aim is to make sure that all family members’ interests are represented fairly and prevent duplicate lawsuits against the same defendant.
What Types of Compensation Are Available in California Wrongful Death Cases?
Wrongful death compensation in California is designed to ease both the financial burden and emotional suffering caused by a loved one’s untimely death. The damages are divided into two main categories: economic damages and non-economic damages.
- Economic damages cover the measurable financial losses that result from the decedent’s death. It includes the financial support they would have provided to their family if they had survived, such as income, benefits, and services. It also includes the funeral and burial expenses and medical bills related to the victim’s death.
- Non-economic damages focus on the emotional and personal losses that cannot be easily calculated in monetary terms. They include the loss of love, companionship, comfort, care, guidance, and moral support that the deceased provided. For spouses or partners, this may also include the loss of intimacy and emotional connection.
Survival Action vs. Wrongful Death
While wrongful death claims focus on the losses experienced by surviving family members, a survival action focuses on the damages the deceased could have claimed had they lived. It is brought by the deceased person’s estate under CCP §377.30 and can cover things like medical expenses, lost wages, and property damage that occurred before death.
For example, if a victim was hospitalized for several weeks before dying from their injuries, the estate could recover those expenses through a survival action. Most times, both wrongful death and survival actions are filed together in the same lawsuit to fully address all losses resulting from the death.
How Much Is a Wrongful Death Lawsuit Worth in California?
The value of a California wrongful death lawsuit varies widely because each case is unique. Settlements usually range from $250,000 to several million dollars, depending on the circumstances. There’s no fixed formula for determining the amount as each case depends on factors like the deceased’s age, income, life expectancy, and the financial and emotional dependence of surviving family members.
Moreover, the attorney experience and negotiation skills can also influence the settlement amount. Clear proof of negligence, solid documentation of damages, and skilled legal representation can significantly increase the settlement value or lead to a favorable verdict in court. That’s why it’s recommended to work with an experienced personal injury attorney to increase your chances of securing maximum compensation.
Meanwhile, unlike some states, California does not cap damages in most wrongful death cases. The implication is that there is no legal limit to how much compensation a family can receive. The only exception applies to wrongful death claims in medical malpractice cases, where non-economic damages are capped at $500,000 under California Medical Injury Compensation Reform Act (MICRA).
How Do You File a Wrongful Death Lawsuit in California?
Filing a wrongful death lawsuit in California involves several legal steps. And understanding these steps will help you prepare and build a strong case to maximize your compensation. Below is a clear, step-by-step explanation of how to properly file a wrongful death claim in California.
- Confirm Eligibility to File: Remember that only legally designated individuals can file a wrongful death suit in California. So, confirm that you’re eligible to file under California law.
- Gather Evidence and Documentation: Strong evidence is the foundation of a successful case. Collect police reports, medical records, witness statements, photographs, and financial documents that show the defendant’s fault and the impact of the death. You’ll also need proof of damages such as decedent’s funeral bills, loss of income, and emotional suffering.
- Determine the Statute of Limitations: The statute of limitations for wrongful death claims in California is two years from the date of death. Missing this deadline will likely result in losing the right to pursue compensation. So, it’s important to act promptly.
- Hire an Experienced Wrongful Death Attorney: While it is possible to file a lawsuit independently, it’s best to hire a wrongful death lawyer. Attorneys understand California’s complex legal procedures, help identify all liable parties, and calculate fair compensation. They can also handle negotiations with insurance companies and represent the family in court if the case goes to trial.
- File the Complaint in Civil Court: The lawsuit begins when your attorney files a complaint in the appropriate California Superior Court. The complaint should identify the defendants, explain how their actions caused the death, and list the damages you’re seeking. Once filed, the court issues a summons, which you must formally served to the defendants to notify them of the case.
- Engage in Discovery and Negotiation: After filing, both sides exchange information and evidence during a process called discovery. This may include depositions, document requests, and witness statements. During this phase, most cases go through negotiation or mediation to reach a settlement without going to trial. Settlements are common because they save time, costs, and emotional stress for both parties.
- Go to Trial if Necessary: If settlement talks fail, the case proceeds to trial. A judge or jury will hear evidence, determine liability, and decide the amount of compensation. Trials can take months or longer, but they provide an opportunity for families to publicly hold the responsible party accountable.
- Receive the Settlement or Judgment: If the case is successful, either through settlement or court judgment, the compensation is distributed among eligible family members. The division of damages follows California’s laws of inheritance or as decided by the court if disagreements arise among heirs.
What Is the Deadline to File a Wrongful Death Claim?
California’s wrongful death statute of limitations is two years from the date of death, according to the California Code of Civil Procedure § 335.1. This means that if you do not file the lawsuit within two years, you will likely lose your legal right to pursue compensation, regardless of how strong your case may be. If the case involves medical malpractice, the deadline is three years from the injury or one year from when it was discovered, whichever comes first.
The two-year period begins on the date the person passed away, not when the accident or wrongful act occurred. The deadline applies to most wrongful death cases, including those arising from car accidents, workplace injuries, or other forms of negligence.
However, there are a few exceptions that can extend or delay (or “toll”) the statute of limitations. For example, if the person eligible to file the lawsuit is a minor child, the two-year countdown typically does not begin until the child turns 18. In cases involving government entities, families must first file an administrative claim under the California Tort Claims Act (CTA) within six months before proceeding with a lawsuit in court.
Unsure About Your Right to Sue for a Loved One’s Death?
Knowing who can file a wrongful death lawsuit helps ensure your family’s rights are protected and that justice is served. As discussed, the right to sue usually belongs to the spouse, domestic partner, or children, but may also include dependents or a personal representative. To strengthen your case, confirm your eligibility, gather strong evidence, act within the two-year deadline, and contact an attorney as soon as possible.
At Saeedian Law Group, we’re committed to helping families seek justice and fair compensation after a wrongful death. Our experienced California personal injury attorneys will guide you every step of the way and fight for the compensation your family deserves. Contact us today for a free consultation.
FAQs
At Saeedian Law Group, our attorneys have been handling wrongful death claims for more than 16 years. With our extensive experience, we’ve provided clear answers to some of the most common questions people ask about the legal process.
Who Can Sue for Wrongful Death in California?
In California, the right to sue belongs to the spouse, domestic partner, and children of the deceased. If none of these are alive, other dependents such as parents, stepchildren, or a personal representative of the decedent’s property estate can file the claim.
Are Wrongful Death Claims Hard to Win?
Sometimes, these claims can be challenging because the family must prove negligence or wrongdoing led to the death. Winning depends on solid evidence, credible witnesses, and skilled legal representation. With strong proof and an experienced attorney, families have a better chance of winning the case or reaching a fair settlement.
What Is Crucial When Collecting Evidence for Wrongful Death?
Make sure you gather clear, detailed evidence that connects the defendant’s actions to the death. Important documents include medical records, accident reports, witness statements, and financial proof of loss. Proper documentation strengthens the case and increases the chances of fair compensation.
What Percentage of Wrongful Death Cases Go to Trial?
Most wrongful death cases in California are resolved through settlements, and only about 5% to 10% go to trial. Settlements are common because they save time, reduce costs, and spare families the stress of court proceedings.
Can You Get Punitive Damages in a Wrongful Death Case?
Generally, punitive damages are not awarded in a wrongful death claim in California. However, they may be available through a related survival action if the defendant’s conduct was especially reckless or intentional. These damages are meant to punish the wrongdoer and prevent similar behavior in the future.
Michael Saeedian founded Saeedian Law Group in 2009 with the goal of providing injured individuals and their loved ones with caring, personalized, and attentive legal representation.