Who can bring a wrongful death case?
California law designates certain survivors who are entitled to pursue a wrongful death case. If the decedent was married, the spouse at the time of death can bring a lawsuit. If the decedent also had children, the children can also bring a lawsuit. If the decedent was married but had no children, then the decedent’s parents are allowed to bring a lawsuit. Brothers and sisters are entitled to bring a wrongful death action if the decedent has no surviving children or parents. If a young child dies, the parents are entitled to bring a wrongful death action. The answer as to who exactly can bring a wrongful death action in any given case can be complex; therefore, anyone considering a wrongful death action should consult with an attorney.
