# Who can bring a wrongful death claim? Canonical: https://californiapersonalinjurylaws.com/guides/wrongful-death/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer State law says who can sue after a death caused by someone else. A close bond with the person is not enough by itself. ## Hypothetical example A spouse or child asks about a claim after a loved one dies in a crash. ## How the rule works Code of Civil Procedure § 377.60 lists eligible claimants and circumstances. A wrongful death claim concerns specified survivors’ losses. ## Check who may bring the claim Family titles can be a starting point, but the exact legal relationship matters. Gather records about marriage, children, and any support the person provided. Tell the lawyer about other people who may have rights. Ceja addresses one type of claimed spouse relationship. It does not mean that a close friend or every relative may sue. The statute, family facts, and other possible claimants need review together. Eligibility is separate from [the losses a wrongful-death claim may cover](https://californiapersonalinjurylaws.com/guides/wrongful-death-damages/). A claim held by the estate is a separate issue. Compare [wrongful death and survival claims](https://californiapersonalinjurylaws.com/guides/wrongful-death-vs-survival/). Sources: [Code of Civil Procedure § 377.60 — Wrongful death claims](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=377.60.); [Ceja v. Rudolph & Sletten, Inc. (2013) 56 Cal.4th 1113](https://law.justia.com/cases/california/supreme-court/2013/s193493.html) ## Check time limits before gathering everything Do not wait until every family record is ready to ask about dates. The general injury-and-death filing law is one starting point. A public agency or another special setting can require a different review. Start the date review with [the filing deadline guide](https://californiapersonalinjurylaws.com/guides/injury-lawsuit-deadline/). For the main firm’s fuller discussion, see [GJEL’s wrongful-death deadline overview](https://www.gjel.com/wrongful-death-lawyers/statute-limitations-california). Sources: [Code of Civil Procedure § 335.1 — Injury and death actions](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1.); [Government Code § 911.2 — Presenting a government claim](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2.) ## What can change the answer Family ties and financial support can affect who may sue. The law lists the people who qualify. More than one person may have a right to join the claim. ## A useful next step Gather details about the family ties. Ask a lawyer who may sue and what time limits apply. ## Court decisions behind this answer ### Ceja v. Rudolph & Sletten, Inc. (2013) 56 Cal.4th 1113, slip op., pp. 1–2. A person’s honest belief in a marriage could matter to a wrongful-death claim. The court looked at that person’s actual belief. Limit: This concerns one kind of person who may sue. It does not give every relative or close companion a claim. Source: https://law.justia.com/cases/california/supreme-court/2013/s193493.html ## Sources - [Code of Civil Procedure § 377.60 — Wrongful death claims](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=377.60.) - [Code of Civil Procedure § 335.1 — Injury and death actions](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1.) - [Ceja v. Rudolph & Sletten, Inc. (2013) 56 Cal.4th 1113](https://law.justia.com/cases/california/supreme-court/2013/s193493.html) - [Government Code § 911.2 — Presenting a government claim](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2.) General information, not legal advice.