Wrongful Death Lawsuits in California
Who can bring a wrongful death claim in California, the deadline to file, and any limits on damages.
Short answer: A wrongful death claim can be brought by the person's surviving spouse or registered domestic partner, children and grandchildren of deceased children, or, if there are none, the people who would inherit by intestate succession; Cal. Code Civ. Proc. § 377.60
| Who can sue for wrongful death | A wrongful death claim can be brought by the person's surviving spouse or registered domestic partner, children and grandchildren of deceased children, or, if there are none, the people who would inherit by intestate succession; by the personal representative on their behalf; by certain dependents (a putative spouse, the putative spouse's children, stepchildren, or parents) if they depended on the person; and by a minor who lived in the household for the 180 days before the death and received at least half of their support from the person. Source: Cal. Code Civ. Proc. § 377.60 |
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| Wrongful death deadline | The 2-year deadline for injury to a person also applies to wrongful death lawsuits. A death caused by medical malpractice falls under the separate malpractice deadline in § 340.5. |
More California personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in California
- Medical Malpractice Rules in California
- Car Accident Claims in California
- Dog Bite Liability in California
- Slip, Trip and Fall Injuries in California
- Sidewalk and Public Property Falls in California
- Motorcycle Accident Claims in California
- Pedestrian Accident Claims in California
- Bicycle Accident Claims in California
- Uber and Lyft Accident Claims in California
- All California personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in California?
A wrongful death claim can be brought by the person's surviving spouse or registered domestic partner, children and grandchildren of deceased children, or, if there are none, the people who would inherit by intestate succession; by the personal representative on their behalf; by certain dependents (a putative spouse, the putative spouse's children, stepchildren, or parents) if they depended on the person; and by a minor who lived in the household for the 180 days before the death and received at least half of their support from the person.
How long do you have to file a wrongful death lawsuit in California?
The 2-year deadline for injury to a person also applies to wrongful death lawsuits.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.