The unexpected death of a loved one can lead to financial hardships and a search for answers. When someone’s negligence or wrongful actions cause a death, the surviving loved ones can seek compensation and accountability. A wrongful death claim can account for the financial and emotional hardships a family faces after a preventable death. The first step is to understand who is eligible to file a wrongful death claim in California.

Immediate Family Members Who Can File a Wrongful Death Claim

In California, the right to file a wrongful death claim generally belongs to the deceased person’s immediate family members. This could include a surviving spouse, registered domestic partner, and the deceased individual’s children. These close relatives are given priority under California law because they are considered the closest surviving relatives and the most likely to be affected by the loss. In certain situations, other relatives could be eligible to file a wrongful death claim.

When Other Dependents May Have the Right to File

California law also recognizes that individuals outside the immediate family may rely on the deceased person for financial or household support. In certain circumstances, dependents such as stepchildren, putative spouses, or others who were financially dependent on the deceased may be eligible to participate in a wrongful death claim. A putative spouse is someone who believed in good faith that they were legally married to the deceased.

How California Law Determines Eligibility in Wrongful Death Cases

Eligibility to file a wrongful death claim in California is governed by state statutes that outline which relatives or dependents may pursue compensation. Courts often examine the relationship between the deceased and the person seeking to file the claim. Factors such as legal marriage, biological or adoptive relationships, and financial dependence can play an important role. In many cases, multiple eligible parties may join together in a single claim.

Common Causes of Wrongful Deaths

Wrongful deaths occur for a wide variety of reasons, including car collisions, falls, and assaults. The violent crime rate in California is 4.962 per 1,000 residents in a typical year, and assaults can leave assailants facing charges. Car collisions throughout the state can also lead to wrongful deaths. In Riverside County alone in 2023, there were 1,805 victims killed or injured on the road.

Property owners can be held liable when someone is harmed on their property or dies as a result of a fall. In 2023, 2,521 Californians aged 65 and older died following a fall. Following a serious injury, victims may be rushed to Cedars-Sinai Medical Center (8700 Beverly Boulevard, Los Angeles), Los Angeles General Medical Center (2051 Marengo Street, California), or Arrowhead Regional Medical Center (Colton).

Why You Should Hire a Wrongful Death Lawyer

If your family suffered the ultimate loss due to the negligence or wrongful acts of someone else, your top priority should be to hire a wrongful death lawyer. An experienced wrongful death attorney understands California wrongful death laws and how they could apply to your wrongful death case.

They can gather the types of evidence that hold up in court, so there is no question about who is at fault and liable for the death of your loved one. If the defendant tries to challenge your claim or their insurer downplays the harm your family suffered, your attorney can take decisive action to protect your right to full and fair compensation by focusing on the evidence and the facts of the case.

Client Testimonials

We are proud to have earned an average rating of 4.9 stars from our former clients. Here are actual testimonials by our former clients.

After my own car accident, I experienced firsthand the care, dedication, and professionalism my husband, Aaron Sinfield, brings to every case at Easton & Easton. From the very beginning, he was attentive and knowledgeable, guiding me through each step with clarity and confidence.

Linda S. 

I appreciate the services of Easton & Easton because they were timely in returning my calls and emails, they were truthful, and they followed through with each and every task. I was able to trust my case in their expert hands.

Lisa L.

As a past client of this firm, I can attest that they are AMAZING!! Travis Easton was able to settle with the other driver and then get me additional money through my own Underinsured Motorist Coverage. I am so grateful for the work they did for me!

Dee J. 

*Client testimonials reflect individual experiences and do not guarantee a similar outcome.

FAQs

Who Can File a Wrongful Death Claim in California?

California law allows certain family members and dependents to pursue a wrongful death claim after the loss of a loved one. Eligible parties often include a surviving spouse, registered domestic partner, and the deceased person’s children. In some situations, other dependents such as stepchildren or individuals who relied on the deceased for financial support may also have the right to participate in a claim under California law.

What Must Be Proven to Succeed in a California Medical Malpractice Claim?

To succeed in a California medical malpractice claim, several legal elements must typically be established. The injured party must show that a healthcare provider owed them a duty of care and failed to meet accepted medical standards. It must also be demonstrated that this failure directly caused the patient’s injury or harm. Medical records, testimony, and other evidence often play a key role in proving these claims.

What Is the Average Wrongful Death Settlement in California?

There is no true average wrongful death settlement in California because every case is unique. The value of a claim often depends on factors such as the victim’s age, earning potential, medical expenses, and the financial support they provided to family members. Courts may also consider the emotional impact of the loss. Because circumstances vary widely, settlement amounts can differ significantly from case to case.

What Is the One-Action Rule in California Wrongful Death Cases?

California’s one-action rule generally requires that all eligible heirs join together in a single wrongful death claim. This means the case is filed once on behalf of all qualifying family members rather than through multiple separate claims. The rule helps make sure that damages are determined in a single proceeding and prevents conflicting outcomes across cases involving the same death and the same responsible party.

Contact a Trusted Wrongful Death Attorney Serving California

Following the preventable death of a loved one, surviving family members deserve answers and accountability. The wrongful death attorneys at Easton & Easton represent clients in wrongful death claims. We bring decades of combined legal experience and proven results. To date, we have secured over $2 billion for our clients, including $250 million within the last five years alone.

Wrongful death cases are legally complex and highly emotional. We begin by learning about the hardships surviving loved ones suffered. Then, we gather evidence to clearly establish fault and liability. As your case moves forward, you can trust our attorneys to remain in close communication every step of the way. Justice can come in the form of fair compensation when you contact our office to schedule your wrongful death consultation.