Who can bring a wrongful death claim in California?

California · updated 2026-09-01 · 776 words · 4 authorities cited

The rule

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf 1:

• The decedent’s surviving spouse, domestic partner, children, and issue of deceased children 1.
• If there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession 1.
• If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action as if they were the decedent’s parents 1.
• Whether or not qualified under the above, if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased 1. A "putative spouse" is the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid 1.
• A minor, whether or not qualified under the above, if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support 1.

For the purpose of this section, "domestic partner" means a person who, at the time of the decedent’s death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code 6. For a death occurring prior to January 1, 2002, a person may maintain a cause of action as a domestic partner by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read prior to its becoming inoperative on January 1, 2005 6.

How it applies

The statute broadly defines who can bring a wrongful death claim, prioritizing immediate family members and those who would inherit from the deceased 1. The inclusion of "issue of deceased children" means that grandchildren whose parent (the decedent's child) has also passed away can bring a claim 1. The provision for intestate succession ensures that if there are no direct descendants, other close relatives who would inherit under California law can pursue the action 1.

The law also extends standing to individuals who may not be legally recognized as spouses or children but had a dependent relationship with the decedent 1. This includes "putative spouses" who genuinely believed their marriage was valid, even if it was not legally so 1. Stepchildren and parents can bring a claim if they were dependent on the decedent 1. Legal guardians can also bring a claim if the decedent's parents are deceased and would have been entitled to do so 1. Minors who resided with the decedent and were substantially dependent on them for support are also granted standing, regardless of other familial relationships 1.

The law specifies that these provisions apply to any cause of action arising on or after January 1, 1993 1. The addition of this section in 1992 and its amendment in 1996 were not intended to adversely affect the standing of any party under prior law 1.

What this does not cover

The provided sources do not detail the specific elements required to prove a wrongful death claim, such as duty, breach, causation, or damages. They also do not address the statute of limitations for bringing such a claim, except for a specific reference to terrorist victims 4. The sources do not cover how damages are calculated or distributed among multiple claimants. Furthermore, the sources do not discuss potential defenses to a wrongful death claim or the impact of workers' compensation exclusivity on such claims, though one source mentions that worker's compensation proceedings are the exclusive remedy for certain third-party claims deemed collateral to or derivative of the employee's injury 2. The sources also do not elaborate on the procedural requirements for filing a wrongful death action beyond the affidavit required for a decedent's cause of action 5.