Who Can File a Wrongful Death Lawsuit in California — And How Razavi Law Group Can Help

Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. In California, wrongful death laws are designed to provide surviving family members a legal avenue to seek compensation for their emotional and financial losses. But who exactly has the legal right to file such a claim?

At Razavi Law Group, we’re here to provide clarity, guidance, and compassionate legal representation every step of the way.

What Is a Wrongful Death Claim in California?

A wrongful death occurs when a person dies due to the legal fault of another person or entity—whether it’s a car crash, medical malpractice, workplace accident, defective product, or even intentional harm.

Unlike criminal cases that may result in punishment like jail time, wrongful death lawsuits are civil actions brought by surviving family members seeking financial compensation.

Who Can File a Wrongful Death Lawsuit in California?

Under California Code of Civil Procedure § 377.60, only certain individuals are legally permitted to file a wrongful death claim. These include:

1. Immediate Family Members

Spouse or domestic partner
Children (biological or adopted)
Grandchildren (if the deceased’s children are also deceased)

2. Parents and Siblings

If there are no surviving children or spouse, parents or dependent stepchildren may have the right to file.
In some cases, siblings or legal guardians may be eligible, especially if they were financially dependent on the deceased.

3. Anyone Else Financially Dependent on the Deceased

A putative spouse (someone in a long-term relationship who believed in good faith they were married)
Children of the putative spouse
Stepchildren or other minors who lived with the deceased and were financially dependent for at least 180 days before the death

Note: Only one wrongful death claim is permitted per deceased person. Eligible parties must file jointly or one party must represent the interests of all beneficiaries.

What Damages Can Be Recovered?

Wrongful death damages in California can include:

Funeral and burial expenses
Loss of financial support
Loss of companionship, love, and affection
Loss of parental guidance (for surviving children)
Value of household services the deceased would have provided

Unlike other states, California does not allow punitive damages in wrongful death cases—unless the death resulted from a felony homicide and the defendant has been convicted.

How Long Do You Have to File?

California’s statute of limitations for wrongful death claims is generally two years from the date of death. However, exceptions exist—such as when the death was caused by a government entity, in which case you may only have six months to file a claim.

Failing to act in time could bar you from pursuing compensation altogether.

How Razavi Law Group Can Help

Wrongful death claims are emotionally overwhelming and legally complex. At Razavi Law Group, we are deeply committed to helping families get justice and closure. Here’s how we support our clients:

Thorough case investigation to establish liability and prove negligence
Expert consultations with medical professionals, economists, and accident reconstructionists
Aggressive negotiation with insurance companies and liable parties
Trial-ready representation if your case goes to court
Compassionate, client-first approach — we’re here for your family as more than just attorneys

We understand no legal action can bring back a loved one, but pursuing justice can help ease the financial strain and hold negligent parties accountable.

Contact Razavi Law Group Today

If you’ve lost a loved one due to negligence or wrongdoing, you don’t have to go through this alone. Let Razavi Law Group guide you with the care, experience, and strength your case deserves.

Schedule a free consultation today to discuss your wrongful death claim in California

Areas We Serve