A loved one’s sudden death can leave your family facing grief and difficult decisions at the same time. Although no legal action can undo what happened, California law gives certain survivors a way to seek compensation.
Identifying eligible wrongful death claimants
California law limits who can bring a wrongful death case, even when the loss affects many relatives. Potential claimants include:
- A surviving spouse or registered domestic partner
- A surviving child or descendant of a child who died before the decedent
- A relative who would inherit under intestate succession if the decedent left no surviving descendants
The state generally requires the person filing a wrongful death lawsuit to include all known eligible survivors. Individual claimants usually cannot pursue separate cases arising from the same loss.
Addressing complex family relationships
California also gives a dependent stepchild or parent the right to bring a wrongful death claim regardless of who else survives. The same rule covers a putative spouse who believed in good faith that they were married, even though the law did not recognize the union.
A separate provision allows a minor to file if they lived in the decedent’s household for the 180 days before the death and received at least half of their support from that person.
Assessing the damages
California divides wrongful death compensation into economic and noneconomic damages. The first category covers measurable financial harm such as funeral cost, while the second recognizes the loss of love, companionship, care and guidance.
Recoverable items include financial support, expected gifts or benefits and funeral and burial costs. The award may also account for household services, such as child care, cooking and home maintenance.
For ongoing contributions, the calculation uses the decedent’s or claimant’s life expectancy, whichever is shorter. A jury must reduce any projected future economic damages to present cash value, reflecting what that money is worth today.
Filing before the deadline expires
In California, you generally have two years from the date of death to file a wrongful death lawsuit, but other situations shorten that window considerably. If a public entity is involved, you must usually file a government claim within six months first. Medical malpractice follows a different rule, with a limit of one year from when you discover the harm or three years from the death, whichever expires first.
Consulting an attorney can help you identify the correct deadline and complete any required notice. Acting early also gives you time to preserve records and document your family’s losses.