San Jose, CA asked in Wrongful Death for California

Q: Can any friends/colleagues bring a wrongful death lawsuit or must it be family only?

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1 Lawyer Answer
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Code of Civil Procedure section 377.60, allows wrongful death claims by:

the deceased person's surviving spouse

the deceased person's domestic partner

the deceased person' s surviving children

if there is no surviving person in the deceased person's line of descent, then anyone "who would be entitled to the property of the decedent by intestate succession" can file; that can include the deceased person's parents, or the deceased person's siblings, depending on who is living at the time of the deceased person's death,

Also, the following persons can bring a wrongful death suit if they were financially dependent on the deceased person:

the deceased person's "putative spouse" and children of the putative spouse

the deceased person's stepchildren, and

the deceased person's parents.

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