California law limits who may bring a wrongful death case. Here's how the priority of survivors works.
California's Priority of Survivors
California law specifies who may bring a wrongful death claim, generally in order of closeness to the deceased. The surviving spouse, domestic partner, and children come first.
Only those the statute authorizes may file, which makes identifying the proper plaintiffs an early and important step.
Spouses, Domestic Partners, and Children
A surviving spouse, registered domestic partner, and the deceased's children are the primary parties entitled to bring a wrongful death claim in California.
These survivors may recover for both their financial losses and the loss of the deceased's love, companionship, and support.
When More Distant Relatives May File
If there is no surviving spouse, partner, or children, the right to sue may pass to those who would inherit under California's intestate succession laws, such as parents or siblings.
Determining eligibility in these situations requires careful attention to family circumstances.
Financial Dependents Who Qualify
California also allows certain people who were financially dependent on the deceased — such as a putative spouse, stepchildren, or parents — to bring a claim.
Proving dependency is fact-specific and can expand who is entitled to recover.
Damages Available in a Wrongful Death Claim
Survivors may recover financial support the deceased would have provided, funeral and burial costs, and the value of lost companionship, care, and guidance.
These damages recognize both the economic and the deeply personal losses a family suffers.
The Survival Action: A Separate Claim
Separate from wrongful death, a survival action lets the deceased's estate recover for losses the person suffered before death, such as pre-death medical bills and pain.
Together, the two claims capture both the family's loss and the harm to the deceased.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed California attorney.