Who Can File a Wrongful Death Claim? Understanding California’s Eligibility Rules

A wrongful death claim allows surviving family members to seek financial compensation when a loved one’s death is caused by another person’s negligence or wrongful act. These cases can arise from many situations, including vehicle collisions, workplace accidents, defective products, and dangerous property conditions.

While no amount of compensation can truly make up for such a loss, our San Diego personal injury lawyers can help families file a wrongful death claim to cover financial expenses, replace lost income, and hold the responsible party accountable.

In California, the law places specific limits on who is eligible to file these claims. Here, we explain who is eligible.

Primary Individuals Eligible to File a Wrongful Death Claim in California

Under California law, the people who have the first right to file a wrongful death claim are generally the deceased person’s closest relatives.

This includes:

• Surviving spouse or domestic partner – The legal spouse or registered domestic partner of the deceased.
• Children of the deceased – Including biological and legally adopted children.
• Grandchildren – If the deceased person’s children are also deceased, the grandchildren may be eligible to file.

These immediate family members are prioritized because they are presumed to be the most directly affected by the loss, both emotionally and financially.

Other Eligible Parties Under California Law

If none of the primary family members are available to file, California law allows specific other individuals to pursue a wrongful death claim.

This may include:

• Parents of the deceased, particularly if they were financially dependent on the person who passed away.
• Stepchildren who were financially supported by the deceased.
• Legal guardians or other individuals who can prove they were financially dependent on the deceased at the time of death.

In some cases, individuals named in the deceased’s estate plan or will may also be able to take legal action, depending on the circumstances.

The Importance of Proving Eligibility in California Wrongful Death Claim

Proving that you are legally entitled to file a wrongful death claim is an essential step in the process. Insurance companies and opposing attorneys may challenge eligibility if they believe the person filing does not meet California’s legal requirements. This is why having the proper documentation, such as marriage certificates, birth records, or proof of financial dependency, is critical before proceeding with the claim.

How National Injury Help Supports Families in Wrongful Death Cases

At National Injury Help, we understand the emotional and financial challenges families face after losing a loved one to negligence. Our San Diego County wrongful death attorneys provide compassionate legal support while ensuring that all eligibility requirements are met before filing a claim. We work to build a strong case that reflects both the economic and non-economic losses suffered, helping families seek the justice and compensation they deserve.

Contact National Injury Help today for a free consultation. We represent families throughout California in wrongful death cases, guiding them through every step of the legal process with care, respect, and dedication.