California Wrongful Death: Burden Of Proof, Filing Claims, And Deadlines

Updated: May 30

What You Need For A Successful Wrongful Death Claim

A wrongful death lawsuit differs from a personal injury lawsuit in several ways. Instead of an injured individual filing a lawsuit against the liable party, the family of a deceased person files a lawsuit to seek compensation for their losses following their loved one's death.


Let's talk about wrongful death laws in California, and how they can apply to your case.


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A California wrongful death claim can be filed by the following people:

  • The deceased person's surviving spouse or domestic partner

  • The decedent's children

  • Stepchildren who are reliant on the decedent

  • Ex-spouse (if the decedent's ex-spouse and children were financially dependent on them, they would be entitled to a share of the estate)

  • Parents of the deceased

  • A minor who had lived with the decedent for at least 180 days and was reliant on them for half of their support

The people who can file a wrongful death lawsuit are determined mainly by the person who died, who is directly related to them, and who was financially dependent on them.


That said, if you're having trouble regarding your eligibility to file claims, consult with one of our prescreened Top Rated Personal Injury Attorneys in Los Angeles.