Who Can File a Wrongful Death Claim in California?

In California, you have the right to seek justice and damages for the preventable loss of your family member through a wrongful death claim. However, not everyone is eligible to file such a claim. The law clearly defines who has the right to take legal action—and understanding those rules can help you take your next steps toward closure.

Understanding Wrongful Death Claims in California

Wrongful death claims are civil lawsuits against a person, company, or entity whose negligence or wrongful act caused someone’s death. Unlike criminal cases—which are handled by the state—wrongful death claims are filed by the deceased person’s surviving family members or dependents to recover for financial and emotional losses.

Common causes of wrongful death include:

• Car and truck accidents
• Motorcycle crashes
• Medical malpractice
• Workplace accidents
• Defective products
• Nursing home neglect or abuse

We have helped families in Ridgecrest, Tehachapi, Shafter, and beyond get justice for their loved ones. Although each case is unique, the goal remains the same: to hold the negligent party accountable, and to help the family recover financially after a tragic loss.

Who Is Eligible to File a Wrongful Death Claim in California?

California law (Code of Civil Procedure §377.60) lists specific people who are legally permitted to file a wrongful death claim. If multiple eligible parties exist, they generally must file together in a single lawsuit.

Here’s a clear list of who can file:

A Surviving Spouse or Domestic Partner

The deceased person’s legal spouse or domestic partner is typically the first in line to file a wrongful death claim. They could recover damages for loss of companionship, the loss of financial support from the deceased, and emotional suffering.

Children of the Deceased

Biological and legally adopted children are also eligible to file. If the deceased’s children are minors, a guardian or representative can bring the claim on their behalf.

Grandchildren

If the deceased’s children have also passed away, grandchildren can step into their place to pursue a claim.

Dependent Stepchildren or Putative Spouses

A putative spouse—someone who genuinely believed they were in a valid marriage with the deceased—may also have the right to file, along with any of their dependent children.

Other Financial Dependents

If no spouse or children exist, anyone who was financially dependent on the deceased—such as parents, stepchildren, or siblings—may qualify.

In some cases, the personal representative of the deceased’s estate may also file the wrongful death claim on behalf of all eligible heirs.

If you’re unsure whether you qualify, call us and we’ll discuss your exact situation.

What Damages Can Be Recovered in a Wrongful Death Claim?

Wrongful death damages are designed to ease the financial burden and emotional suffering that follow the loss of a loved one. The available compensation depends on your relationship to the deceased and the impact of the loss.

Families may recover for:

• Loss of financial support the deceased would have contributed
• Loss of love, companionship, and guidance
• Funeral and burial expenses
• Value of household services the deceased provided
• Emotional distress and loss of care

While no amount of money can replace a loved one, financial recovery can bring stability and a sense of justice during a time of turmoil.

What Is the Time Limit to File a Wrongful Death Claim in California?

In California, the statute of limitations for a wrongful death case is two years from the date of death. If you wait too long to file, you could lose your right to pursue compensation.

However, there are exceptions—for example, cases involving government entities or medical malpractice have different deadlines. Because these timelines can vary, it’s crucial to speak with a wrongful death attorney in Kern County as soon as possible to protect your family’s rights.

Steps to Take After a Wrongful Death in the Family

If you’ve recently lost someone you love, you may feel overwhelmed and unsure where to start. Here are some practical steps to take:

1. Take care of yourself and your family. Grief takes time. Lean on loved ones and seek emotional support.
2. Gather documentation. Keep medical records, accident reports, and financial information related to the deceased.
3. Avoid quick settlements. Insurance companies may offer early payouts that undervalue your claim.
4. Contact a wrongful death attorney. A lawyer can answer your questions at no cost to you and explain what you should do next based on your circumstances.

You don’t have to face this alone—help is available. We’ll help you understand your rights and take the next step toward justice for your loved one.

Why You Should Work with a California Wrongful Death Attorney

Wrongful death claims can be emotionally draining and legally complex. An experienced personal injury attorney handles the legal details while you focus on grieving.

A wrongful death lawyer can:

• Discover who is legally eligible to file the claim
• Investigate the cause of death and gather crucial evidence
• Calculate fair compensation for your losses
• Negotiate with insurance companies or opposing counsel
• Represent your family in court if necessary

Having an advocate ensures that your loved one’s story is heard and that the responsible parties are held accountable.

Chain | Cohn | Clark Can Provide the Help You Need

If your loved one was lost due to someone else’s negligence, you deserve answers. We’re here to listen to what happened, express our sympathies, and explain your options—and it costs nothing to speak to an attorney. Contact Chain | Cohn | Clark for a free case review today.