Who can bring a wrongful death action in California?

What the Law Says

California law strictly limits who may bring a wrongful death action. Only statutorily defined survivors may file — no one else, even close friends or distant relatives, has standing unless they meet the precise criteria set out in the Code of Civil Procedure.

Under California law, a wrongful death action is a civil claim brought to recover damages for the loss of a loved one caused by someone else’s negligence or intentional act. It is not a criminal case, and it seeks monetary compensation for losses like lost financial support, companionship, and funeral expenses.

The law prioritizes immediate family and proven dependents. A person must fall into one of the categories listed in Code of Civil Procedure section 377.60 to have legal standing — meaning the right — to sue.

Statutory Text

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: (a) The decedent's surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no such person, then by the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.

— Cal. Code Civ. Proc. § 377.60 — Persons entitled to bring wrongful death action

What to Do

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