After losing a loved one to someone else’s negligence, families often ask a difficult practical question: who has the legal right to bring a case? The answer matters, because California law limits who can file a wrongful death claim, and the rules do not always match how families think about their closest relationships. This guide explains the categories of eligible family members, how dependents may qualify, and what happens when several relatives share the right to bring a claim.
The Law That Decides Who Can File a Wrongful Death Claim
Code of Civil Procedure section 377.60 controls who may bring a wrongful death action in California. The statute creates three main groups of eligible people. Eligible family members may file the claim themselves, or the decedent’s personal representative may file on their behalf.
Group 1: Spouses, Domestic Partners, and Children
The first group has the strongest and most direct right to file. It includes:
- A surviving spouse.
- A surviving registered domestic partner.
- Children of the person who died.
- Grandchildren, if their parent (the decedent’s child) has already passed away.
These family members do not need to prove financial dependence. Their relationship alone gives them standing to bring a claim.
For example, if a married parent of two dies in a crash caused by a distracted driver, the surviving spouse and both children may join together in one claim. Adult children qualify just as minor children do, even if they no longer live at home or rely on the parent for support.
Group 2: Heirs Under Intestate Succession
When the person who died leaves no surviving children or grandchildren, the law looks to the people who would inherit under California’s intestate succession rules. These rules decide who inherits when someone dies without a will.
Under Probate Code section 6402, when there is no surviving spouse or descendant, the order generally runs to parents, then to siblings and their descendants, then to grandparents and their descendants. As a result, parents of an adult child with no children of his or her own often qualify under this group.
The statute also allows legal guardians to step into the role of deceased parents in certain situations.
Group 3: Dependents Who May Also Qualify
Some people may file a wrongful death claim if they depended on the person who died, regardless of the groups above. Under the statute, these may include:
- A putative spouse, meaning someone who believed in good faith that his or her marriage was valid, even though it was not.
- Children of a putative spouse.
- Stepchildren.
- Parents.
- Legal guardians, if the parents have passed away.
Each of these people must show dependence on the decedent to qualify.
A Special Rule for Minors in the Household
The statute adds one more category. A minor may file a wrongful death claim if the child lived in the decedent’s household for the 180 days before the death and depended on the decedent for at least half of his or her support. This rule protects children who relied on someone who was not their legal parent, such as a relative raising them.
Our article on wrongful death claims involving minor children explains how these cases work, including court approval of settlements for minors.
Who Usually Cannot File a Wrongful Death Claim
Close relationships do not always create a legal right to sue. For example, the following people generally cannot file a wrongful death claim unless they fit one of the categories above:
- Unmarried partners who never registered as domestic partners.
- Siblings, when the decedent left a spouse or children.
- Friends, fiancés, or extended family without a qualifying relationship.
Because the rules turn on specific facts, families should speak with an attorney before assuming someone is or is not eligible. A short consultation can clarify exactly who can file a wrongful death claim in your situation.
When Several Family Members Can File a Wrongful Death Claim
California generally allows one wrongful death lawsuit for all eligible heirs. Rather than filing separate cases, family members typically join together. If they cannot agree on how to divide a recovery, the court can decide.
This rule makes communication important. Your attorney can help coordinate among family members and identify every person who should take part, so everyone’s rights stay protected.
Wrongful Death Claims vs. Survival Actions
A related but separate claim, called a survival action, belongs to the person who died. Under Code of Civil Procedure section 377.30, the estate’s personal representative or successor in interest brings this claim. Families may join both claims in one lawsuit. Our guide to wrongful death claims in California explains the difference in more detail.
If the estate needs a personal representative, the California Courts Self-Help Guide explains the probate process.
Deadlines for Families Who Can File a Wrongful Death Claim
Eligible family members generally have two years from the date of death to file a lawsuit under Code of Civil Procedure section 335.1. Claims involving a government agency usually require a written claim within six months. Learn more on our page about the wrongful death statute of limitations.
What Families Can Recover
Eligible family members may seek compensation for funeral and burial expenses, lost financial support, lost household services, and the loss of love, companionship, comfort, and guidance. Our page on damages in Bakersfield wrongful death cases explains each category. For practical first steps, see our guide to wrongful death claim steps.
Talk With a Bakersfield Wrongful Death Lawyer
Questions about eligibility should never stand between your family and justice. At Colvin Accident Lawyers, we listen with compassion, review your family’s situation, and explain your options in plain language. Learn more about our Bakersfield wrongful death lawyer services, or read what our clients say.
Call (661) 616-1177 or contact us online for a confidential consultation. We answer the phone 24/7.
