In California, a wrongful death claim can usually be brought by the person's surviving spouse, domestic partner, or children. If none of those family members exist, the right can pass to others who would inherit under state law, and in some cases to people who were financially dependent on the person who died, such as a stepchild or a parent.
California law sets out a specific order of who has standing, so the answer depends on the family situation. The claim is meant to cover the losses the survivors feel, things like lost financial support, funeral and burial costs, and the loss of the love, companionship, and guidance the person provided. A separate "survival" action, handled by the estate, can cover losses the person suffered before they died.
Timing matters. Most California wrongful death claims fall under the two-year deadline in Code of Civil Procedure section 335.1. If a government agency may be at fault, the deadline to file a claim can be much shorter, so it helps to talk to a lawyer early.
This is general information, not legal advice, and every case is different.
These cases often start as another kind of accident. If a loved one died in a crash, our work on car accidents and truck accidents may apply, and you can read more about how we approach wrongful death cases. To talk it through with Joe Crudo, reach out through our contact page.
Call Crudo Law at (858) 622-7280 or visit /contact for a free, confidential consultation.