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Losing a family member because of someone else’s carelessness is devastating, and the legal questions often arrive at the worst possible time. This article explains who can file a wrongful death claim in California. It also covers how the family shares one case and what changes when the death happened at work.
Who Can File a Wrongful Death Claim in California?
The surviving spouse or registered domestic partner and the children have the first right to file. Grandchildren whose parent has died share that right (Cal. Code Civ. Proc. § 377.60). If none of them survive, the relatives who would inherit under intestate succession can file instead. Certain financial dependents, such as a stepchild or a dependent parent, may also qualify.
This article applies to you if:
California law sets out exactly who can file a wrongful death claim. Under Code of Civil Procedure section 377.60, three groups qualify. In addition, the decedent’s personal representative can bring the case on the family’s behalf. If you are not on the list, you generally cannot sue, even if you were very close to the person.
| Group | Who is included | Extra requirement |
|---|---|---|
| Close family and heirs (§ 377.60(a)) | Spouse, registered domestic partner, children, and children of a deceased child. If none survive, the intestate heirs. | None beyond the family relationship |
| Dependents (§ 377.60(b)) | A putative spouse, the putative spouse’s children, stepchildren, parents, or legal guardians if the parents have died | Must have been dependent on the decedent |
| Dependent minors (§ 377.60(c)) | Any minor who lived in the decedent’s household | Lived there for the previous 180 days and relied on the decedent for half or more of their support |
A “putative spouse” is someone whose marriage turned out to be void or voidable, but who believed in good faith that it was valid. The court makes that finding. Similarly, a “domestic partner” means a partner in a registered domestic partnership at the time of death (§ 377.60(f)).
Our wrongful death lawyers can review your family tree and tell you which group you fall into.
When the decedent left no children or grandchildren, section 377.60 points to intestate succession. That is the order California uses to pass property when someone dies without a will. Probate Code section 6402 sets the ladder, and each step applies only if nobody survives on the step above it.
| Who survived the decedent | Who can file |
|---|---|
| A spouse or partner, but no children or grandchildren | The spouse or partner, plus the parents if living, or else the siblings and their children (Probate Code § 6401) |
| No spouse, no children, one or both parents living | The parents |
| No spouse, no children, no living parents | The siblings, and the children of any deceased sibling |
| None of the above | More distant relatives, in the order section 6402 sets |
There is one more rule for parents. Sometimes the parents would have had the right to sue but have died. In that case, the decedent’s legal guardians can step into their place (§ 377.60(a)).
The list is strict, so some people who loved the decedent deeply have no claim. Section 377.60 does not name an unregistered live-in partner, a fiancé, or a friend. As a result, those people generally cannot sue unless they fit another category, such as a putative spouse. Likewise, a parent or sibling usually cannot file when the decedent left children. The dependent-parent rule in section 377.60(b) is the main exception.
Consider a hypothetical. A negligent driver kills Ana, age 48, on March 10, 2026. She leaves a husband, two adult children, a 15-year-old nephew who lived with her for three years, and her mother. Here is how the rules sort that family.
| Family member | Can file? | Why |
|---|---|---|
| Husband | Yes | Surviving spouse, § 377.60(a) |
| Two adult children | Yes | Children, § 377.60(a) |
| 15-year-old nephew | Yes, if Ana provided half or more of his support | Dependent minor in her home over 180 days, § 377.60(c) |
| Mother | Only if she depended on Ana | Children survive, so she needs the dependency rule, § 377.60(b) |
In this example, the lawsuit deadline would generally be March 10, 2028. However, if a city truck caused the crash, the family would need to file a government claim by September 10, 2026. This example is general guidance only; your family’s rights depend on your facts.
Each heir has a personal claim, but the law ordinarily requires the heirs to litigate together. This joint approach prevents a series of separate lawsuits against the same defendant (CACI No. 3921, quoting LAOSD Asbestos Cases (2018)). Still, one heir’s choice not to take part does not by itself stop the case.
After a verdict or settlement, the court decides how to divide the money among the people entitled to it (Code Civ. Proc. § 377.61). For that reason, open communication inside the family matters from the start.
Families often face two related claims, and different people bring them. The wrongful death claim covers the family’s own losses. By contrast, a survival action continues the claim your loved one could have brought if they had lived. Under Code of Civil Procedure section 377.30, the personal representative files it, or the successor in interest if there is no representative. A successor in interest must first file a sworn declaration with the court (§ 377.32).
| Wrongful death claim | Survival action | |
|---|---|---|
| Who files | The heirs and dependents in § 377.60 | Personal representative or successor in interest (§ 377.30) |
| Whose losses | The family’s losses from the death | Losses your loved one suffered before death (§ 377.34) |
| Punitive damages | Generally not available | Available if your loved one could have recovered them |
| Your loved one’s pain and suffering | Not included | Not recoverable in cases filed on or after January 1, 2026 (§ 377.34(b)) |
That last row is a recent change. Survival actions filed from 2022 through 2025 could recover a loved one’s pain, suffering, or disfigurement. That window closed for new cases filed on or after January 1, 2026 (Code Civ. Proc. § 377.34(b)). The Legislature has considered extending it, so ask a lawyer to confirm the current rule for your case.
A wrongful death award has two parts. California’s standard jury instruction, CACI No. 3921, sets out both. Economic losses include the financial support the decedent would have provided and the gifts or benefits the family expected. They also include funeral and burial costs and the value of household services. Noneconomic losses cover the loss of love, companionship, comfort, care, protection, and moral support.
Some losses are not part of the award. Under CACI No. 3921, jurors may not compensate the family for grief or sorrow, and they may not consider the decedent’s own pain and suffering in this claim. In addition, courts generally bar punitive damages in a wrongful death action. The exception is a death caused by a felony homicide for which the defendant was convicted (Civ. Code § 3294(d)).
A workplace death follows different rules. In most cases, workers’ compensation is the family’s only remedy against the employer (Labor Code § 3602(a)). That means dependents usually receive death benefits instead of suing the employer. However, section 3602(b) allows a lawsuit in narrow cases, such as a death caused by the employer’s willful physical assault.
Importantly, this limit applies to claims against the employer. If another company or driver caused the death, the family may still have a wrongful death claim against that party. To learn how the system works, read our article on how workers’ comp works in California.
Workers’ comp pays death benefits to a spouse, children, or other dependents. According to the Division of Workers’ Compensation, it pays them at the temporary disability rate, but never less than $224 per week. The total depends on how many dependents there are.
| Dependents (injury on or after Jan. 1, 2013) | Death benefit |
|---|---|
| 1 total dependent | $250,000 |
| 2 total dependents | $290,000 |
| 3 or more total dependents | $320,000 |
| 1 or more partial dependents only | 8 times annual support, up to $250,000 |
| Burial expenses | Up to $10,000 |
Worked example: A warehouse worker earning $1,200 per week dies from a work injury in 2026. His wife and two young children were fully dependent on him, so the family has 3 total dependents. The benefit is $320,000, plus up to $10,000 for burial. At two-thirds of his weekly pay, the carrier pays $800 per week, so the $320,000 takes 400 weeks to pay out. Because the children are minors, the DWC states that payments then continue until the youngest turns 18. This example is general guidance only; the carrier calculates the real figures.
Our workers’ compensation death benefits page explains how we help families with these claims.
Waiting too long can end a strong case. The main deadlines are below, but they are general rules, not your exact deadline.
| Claim | General deadline |
|---|---|
| Wrongful death lawsuit | 2 years (Code Civ. Proc. § 335.1) |
| Claim against a government agency | 6 months, before any lawsuit (Gov. Code § 911.2) |
| Workers’ comp death benefits | Generally 1 year from death, and never more than 240 weeks from the injury (DWC) |
You should speak with an attorney if more than one relative may qualify or if the death happened at work. The same is true if you depended on your loved one but were not married to them. Also call quickly if a government vehicle or property was involved, because that 6-month deadline arrives fast.
At Abramson Labor Group, we represent California families in wrongful death, workplace injury, and personal injury cases. Our founding partner, Zev Abramson, earned his J.D. from Loyola Law School and founded the firm in 2015 to help California workers and injured people. Our firm is a member of the Consumer Attorneys Association of Los Angeles (CAALA), and clients have left us over 500 five-star reviews on Google. Based in Burbank, we serve families across California in English and Spanish. We offer a free, confidential case review, and you do not pay ANYTHING unless we win.
Request a free case evaluation to learn who in your family can file and what your next step should be.
Yes, in two situations. First, parents can file if their child left no spouse, partner, children, or grandchildren. In that case, they are next in line as intestate heirs (Probate Code § 6402). Second, they can file even when their child left a spouse or children, if they depended on their child financially (Code Civ. Proc. § 377.60(b)).
Generally, no. Section 377.60 covers a registered domestic partner but not an unregistered partner. An unmarried partner may still qualify as a putative spouse in rare cases. In addition, a partner’s minor child may qualify under the dependent-minor rule. The child must have lived in the home and relied on the decedent for support.
Sometimes. Siblings can file when the decedent left no children or grandchildren and no living parents (Probate Code § 6402). If the decedent was married with no children, the siblings share that right with the spouse, but only when no parent survives. Otherwise, siblings generally have no claim, because the dependency rule in section 377.60(b) does not list them.
No. Section 377.60 looks to the people who would inherit by intestate succession. Those are the rules for someone who dies without a will. So the will does not add or remove anyone from the list.
Not necessarily. Courts ordinarily want every heir’s claim handled in one case. However, one heir’s refusal to take part does not by itself prevent the case from going forward (CACI No. 3921). A lawyer can explain how to handle a relative who does not want to join.
For more answers after an accident, see our personal injury FAQ.
This article provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, so please speak with a lawyer about your situation.
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