Who Can File a Wrongful Death Lawsuit in California (2026): Priority Order and First Steps
- Tom Feher, Esq.
From Tom Feher, Esq.: Families call us in the worst week of their lives asking one question: am I even allowed to bring this case? California answers it with a specific priority list, and getting it wrong can sink an otherwise strong case. The second question, what do I do right now, matters just as much.
Short answer: the surviving spouse or registered domestic partner and the children file first under Code of Civil Procedure 377.60. If there is no surviving spouse, partner, or child, the right passes to whoever would inherit by intestate succession, usually parents. Financially dependent putative spouses, stepchildren, and parents can also qualify. The deadline is generally two years under CCP 335.1, and only six months to file a government claim when a public entity is involved under Government Code 911.2.
Key Takeaways
- First priority: the surviving spouse or registered domestic partner and the decedent’s children, under Code of Civil Procedure 377.60.
- No spouse or children: the right passes to the decedent’s intestate heirs, most often the parents.
- Dependents can qualify: a putative spouse, stepchildren, or parents who were financially dependent on the decedent may also file.
- One case, all heirs: California treats wrongful death as a single joint action; all claimants are supposed to be joined in one lawsuit.
- Deadlines are unforgiving: two years in most cases, six months to present a government claim when a public entity is involved.
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| Priority | Who may file | Legal basis |
|---|---|---|
| 1 | Surviving spouse or registered domestic partner, and children | CCP 377.60(a) |
| 1 (by representation) | Grandchildren, if the decedent’s child is also deceased | CCP 377.60(a) |
| 2 | Whoever would inherit by intestate succession (often parents) if no spouse, partner, or issue | CCP 377.60(a) |
| Dependent class | Putative spouse and their children, stepchildren, parents, and legal guardians, if financially dependent | CCP 377.60(b) |
| Estate route | The personal representative, on behalf of the entitled heirs | CCP 377.60 |
The Priority List, Explained in Plain English
Code of Civil Procedure 377.60 works like a ladder. The first rung belongs to the surviving spouse or registered domestic partner and the children. If a child of the decedent has already died, that child’s own children step into their place. Only when there is no one on the first rung does the right drop to the people who would inherit under California’s intestate succession rules, which in practice usually means the decedent’s parents. Separately, subsection (b) protects people who depended financially on the decedent even if they fall outside the bloodline: a putative spouse who believed in good faith the marriage was valid, stepchildren, parents, and certain legal guardians.
One Lawsuit for the Whole Family
California courts call wrongful death a “one action” claim: all heirs entitled to recover are supposed to be joined in a single lawsuit, and the recovery is divided among them. That is why the first practical step is identifying every person with a claim before filing. An heir who is left out can have grounds to reopen the fight later, and defendants exploit family disagreements. When heirs disagree about strategy or shares, the case can still proceed; the court apportions the recovery. A lawyer’s job includes keeping the family aligned so the defense cannot divide it.
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What a Wrongful Death Case Can Recover
Damages under Code of Civil Procedure 377.61 compensate the family’s own losses: the financial support the decedent would have provided, funeral and burial expenses, the value of household services, and the loss of the decedent’s love, companionship, protection, and guidance. California juries put real numbers on that last category. What a wrongful death claim does not include is the decedent’s own pre-death pain and suffering: for cases filed on or after January 1, 2026, that element is no longer recoverable in the companion survival action either, under Code of Civil Procedure 377.34. For ranges and real examples, see our guide to the average wrongful death settlement in California.
The Deadlines: Two Years, or Six Months Against the Government
Most California wrongful death lawsuits must be filed within two years of the death under Code of Civil Procedure 335.1. But when a public entity may share fault, a city bus, a Caltrans road defect, a county vehicle, a written government claim must be presented within six months under Government Code 911.2, and after the entity’s written rejection the family has six months to file suit under Government Code 945.6. Missing the claim window is often fatal to the case, though late-claim relief exists in narrow circumstances under Government Code 911.4. If there is any chance a public entity is involved, the six month clock controls everything.
What to Do Right Now, in the First Weeks
If you just lost a spouse, parent, or child in a crash or workplace incident, three things matter most this month. First, preserve: keep every document, photograph, and bill, and do not authorize repair or disposal of a vehicle before it is inspected. Second, do not give the at-fault side’s insurer a recorded statement or sign anything; early releases in death cases are routinely a fraction of case value. Third, have a lawyer identify every heir and check for government involvement, because those two facts set the structure and the deadline for everything that follows. A consultation costs nothing, and at Feher Law you pay nothing unless we win.
You Pay Nothing Unless We Win
Our California personal injury attorneys work on contingency – no upfront fees, and the fee terms are in writing before we start. Call (310) 340-1112 – Free, confidential case review.
What to Expect When You Work With Feher Law
- Free Case Evaluation: You speak with our team, we review the crash or incident facts, your treatment, and any offers on the table, and we give you a straight read on the claim’s value. No fee, no obligation.
- Case Investigation: We gather the evidence that drives gross value: scene evidence, vehicle data, medical records, wage documentation, and where needed, accident reconstruction and medical experts. We also start a running ledger of every lien against your recovery.
- Demand and Filing: We present a documented demand to the insurer, and if they will not pay full value we file suit within the two-year deadline under CCP 335.1 so you never lose leverage to the calendar.
- Negotiation and Lien Reduction: While we push the gross number up through discovery and mediation, we simultaneously negotiate every hospital lien (asserted under Civil Code 3045.1 and capped at 50 percent of the recovery by Civil Code 3045.4), provider lien, and government lien down. Both moves raise your net.
- Resolution and Your Settlement Statement: Before anything is final you receive a line-item settlement statement showing the fee, each cost, each lien payoff, and your exact net. Our fee comes only out of the recovery – you pay nothing unless we win.
Why California Families Choose Feher Law
Thomas Feher, Esq. has taken more than 50 jury trials to verdict, and that trial record is what moves settlement math, because insurers pay real value to firms they know will pick a jury. The results are public: a $20.7 million brain injury verdict against a hotel defendant in July 2026, a $14.6 million verdict in Simone v. Estate of Bruce Jameson for a catastrophic spine injury, an $8.5 million recovery for a T-boned worker, and more than $170 million recovered for California clients overall. Feher Law also treats the back end of the case, lien negotiation and the settlement statement, as part of the representation, not an afterthought, because the firm’s job is your net recovery, not just the headline number. From offices in Torrance and Huntington Beach, the firm serves clients throughout Los Angeles County, Orange County, San Bernardino County, and Riverside County, in English and Spanish. Every case is handled on contingency – you pay nothing unless Feher Law wins for you.
Frequently Asked Questions
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Last reviewed by Thomas Feher, Esq. – September 2026
