A Death Somebody Caused
Code Civ. Proc. 377.60 — the family the section names, or the personal representative for them
In California, a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by the people the section names, or by the decedent's personal representative on their behalf.
- The surviving spouse, domestic partner, children and the issue of deceased children, or, if there is no surviving issue, those who would inherit by intestate succession.
- If they were dependent on the decedent: a putative spouse, the putative spouse's children, stepchildren, parents, or the legal guardians if the parents are deceased.
- A minor who lived in the decedent's household for the previous 180 days and depended on the decedent for one-half or more of the minor's support.
Damages. Whatever is just under all the circumstances of the case, excluding the damages that belong to the decedent's own surviving claim. The court decides each person's share of an award.
Two years. An action for the death of an individual caused by the wrongful act or neglect of another is brought within two years.
| The question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerThe family members the section names, or the personal representative on their behalf |
| The questionCan someone outside the immediate family sue | The statute's answerDependent stepchildren, parents and putative spouses, and a minor who lived in the household and depended on the decedent, may |
| The questionHow long | The statute's answerTwo years |
The decedent's own surviving claim, when the time to sue begins to run, and claims against public entities are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed California attorney.
Sources for this section (3)
- Code Civ. Proc. 377.60 — Who may assert a cause of action for wrongful death
- Code Civ. Proc. 377.61 — Damages for wrongful death
- Code Civ. Proc. 335.1 — Two years for injury caused by another's wrongful act
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.