What is a wrongful death claim and who can file one?

A wrongful death claim is a civil lawsuit filed when someone dies due to another person’s or entity’s negligence or wrongful act. Under California Code of Civil Procedure § 377.60, the following people may file a wrongful death claim:

• The deceased person’s surviving spouse or domestic partner
• The deceased person’s children
• If there is no surviving spouse or children, anyone who would be entitled to the property under California’s intestate succession laws (such as parents or siblings)

Wrongful death claims can recover funeral and burial expenses, loss of the deceased person’s income, loss of companionship and emotional support, and the value of household services the deceased provided. California has a two-year statute of limitations for wrongful death claims from the date of death.