Who Can File a Wrongful Death Lawsuit in California?

August 20, 2025

Who Can File a Wrongful Death Lawsuit in California?

Losing a loved one due to another party’s negligence or wrongful actions is devastating. Along with the emotional toll, families are often left with unexpected financial burdens such as funeral costs, medical bills, and lost income. In California, the law allows certain family members and dependents to pursue a wrongful death lawsuit to seek justice and financial recovery. At Law Offices of David R. Denis, P.C., we assist families in Los Angeles who are facing these challenging circumstances.


Eligible Parties to File a Wrongful Death Lawsuit


California law sets clear guidelines on who has the right to file a wrongful death claim. These include:


  1. Immediate Family Members – The surviving spouse or domestic partner, as well as children of the deceased, are given priority to bring a claim.
  2. Grandchildren – If the deceased person’s children have already passed away, grandchildren may have the right to file.
  3. Other Dependents – If no immediate family exists, other relatives who were financially dependent on the deceased, such as stepchildren, parents, or legal guardians, may qualify.
  4. Putative Spouses and Their Children – A person who believed in good faith that they were married to the deceased, as well as their children, may also be eligible in certain cases.


Types of Damages in a Wrongful Death Claim


A successful wrongful death claim can provide compensation for:


  • Funeral and burial expenses
  • Loss of financial support
  • Loss of companionship, guidance, and care
  • The value of household services the deceased would have provided


Why Legal Guidance Matters


Wrongful death claims can be complex, and eligibility depends on both family relationships and dependency status. Having knowledgeable legal support ensures that your rights are protected and your family’s claim is presented effectively. At Law Offices of David R. Denis, P.C., we are dedicated to helping Los Angeles families pursue justice and financial security after such tragic losses.

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