Who may have a cause of action in California for wrongful death?
In California, you are authorized to seek wrongful death damages if you legally would be one of the decedent heirs under the probate laws of California. For example, the first-in-line surviving spouse, children, and surviving issue of deceased children of the decedent: these people have the right to claim wrongful death damages “jointly and severally” – that is, they share a single claim for damages. If there are no such claimants, next in line are the person’s parents; then brothers and sisters; then the children of deceased brothers and sisters; then grandparents; and then their lineal descendants. As soon as someone has a place in line under the statute, that person’s rights ends the claims of all others. Another class of claimants, if not qualified under the first group, is the putative spouse, children of the putative spouse, stepchildren, and parents of the decedent IF these claimants can prove that they were dependent on the decedent at the time of the decedent’s death. A “putat
