Who can file a wrongful death lawsuit in California?

The surviving spouse or domestic partner, the children, and, if there are none, whoever would inherit by intestate succession — plus certain financially dependent people such as putative spouses and stepchildren. Code of Civil Procedure section 377.60 defines the eligible plaintiffs, and the claim generally must be filed within two years of the death.

California's wrongful death statute, Code of Civil Procedure section 377.60, limits who may sue: the decedent's surviving spouse or registered domestic partner, children, and issue of deceased children; if none, those entitled to the estate by intestate succession, including parents; and, in any event, a putative spouse, stepchildren, and parents who were financially dependent on the decedent. Wrongful death damages compensate the heirs' own losses — financial support the decedent would have provided, plus the loss of companionship, protection, and household services. A separate survival action under section 377.30, brought by the estate, captures the decedent's own pre-death losses. California treats wrongful death as a single joint action, so all heirs should be joined in one lawsuit rather than filing separately. The deadline is generally two years from the death (section 335.1), shortened by the six-month government claim rule for public entities and governed by section 340.5 when death results from medical negligence.

Authority: Cal. Code Civ. Proc. § 377.60