Who Can File a Wrongful Death Lawsuit in California?

January 30, 2025

Who Can File a Wrongful Death Lawsuit in California?

Losing a loved one due to someone else's negligence is devastating, and California law allows certain family members to file a wrongful death lawsuit to seek justice and financial compensation. At Law Office of Ball & Yorke, we assist families in Ventura in navigating wrongful death claims and ensuring their rights are protected.


Under California law (California Code of Civil Procedure § 377.60), the following individuals have the right to file a wrongful death lawsuit:



  • Surviving Spouse or Domestic Partner – The deceased’s spouse or legally registered domestic partner has first priority in filing a claim.
  • Children of the Deceased – Biological and legally adopted children can bring a wrongful death lawsuit.
  • Parents of the Deceased – If the deceased had no spouse or children, parents may have the right to file a claim, especially if they were financially dependent on them.
  • Siblings or Other Heirs – If no immediate family members exist, individuals who would legally inherit from the deceased under California’s intestate succession laws may be eligible.
  • Financial Dependents – Individuals who were financially dependent on the deceased, such as stepchildren or putative spouses, may also have a legal right to sue.


A wrongful death claim can help families recover compensation for funeral expenses, loss of income, medical bills, and emotional suffering. However, California law imposes a two-year statute of limitations, meaning claims must be filed within two years of the person’s death.

If you have lost a loved one due to negligence or wrongful conduct in Ventura, Law Office of Ball & Yorke can help you pursue justice and secure the compensation your family deserves.

By Kristy BandY March 11, 2026
Here’s how delaying medical treatment after an accident can cost you a personal injury claim. Call the Law Office of Ball & Yorke today at 805-642-5177
Rider on a motorcycle, driving on a road surrounded by trees; sunny day.
February 17, 2026
Learn the statute of limitations for a California motorcycle accident claim. Law Office of Ball & Yorke helps Ventura riders understand filing deadlines and protect their right to compensation.
White house with a dark roof and bay windows, set above green shrubs under a cloudy sky.
February 17, 2026
Common reasons real estate closings get delayed in California and how to prevent them. Law Office of Ball & Yorke assists Ventura buyers and sellers with closing issues.
Employment Law
By Kristy BandY February 10, 2026
Here’s what you should know about legal protections for employees under Federal and California law. Call The Law Office of Ball & Yorke at 805-642-5177
By Kristy BandY January 6, 2026
Here’s what employers and employees should know about the new 2026 California employment regulations. Call The Law Office of Ball & Yorke at 805-642-5177
Row of colorful Victorian houses with gabled roofs and ornate details, San Francisco.
December 20, 2025
Discover how contract contingencies impact California real estate deals. Learn about inspection, financing, and appraisal contingencies from Law Office of Ball & Yorke, helping Ventura clients protect their real estate investments.
By Kristy BandY December 11, 2025
Here’s why you should consider hiring a car accident attorney for minor car accidents. Call the Law Office of Ball & Yorke today at 805-642-5177
Scales of justice with balanced pans, next to a gavel, on a wooden surface.
November 19, 2025
Missed the filing deadline for your personal injury case in California? Learn how the statute of limitations affects your right to compensation and how the Law Office of Ball & Yorke can help Ventura residents protect their claims.
By Kristy BandY November 12, 2025
Here’s how insurance and liability in rideshare accidents can work. To learn more, call the Law Office of Ball & Yorke for a consultation at 805-642-5177
Pile of US $100 bills, showing the portrait of Benjamin Franklin, scattered on a surface.
October 13, 2025
Learn how personal injury settlements are valued in California. Discover how medical costs, lost wages, pain and suffering, and comparative fault affect compensation. The Law Office of Ball & Yorke helps Ventura residents pursue fair settlements.