San Diego | Chula Vista | Oceanside | Carlsbad
hollingsworth logo full one

Who can file a wrongful death lawsuit in the state of California?

Who can file a wrongful death lawsuit in the state of California | 2H Law

Wrongful death in California refers to the loss of life due to another party’s negligence or intentional harm. A Wrongful Death Lawsuit is a legal recourse allowing grieving families to pursue justice and fair compensation for their profound loss. This legal avenue empowers personal representatives to seek damages and hold responsible parties accountable.

Hollingsworth & Hollingsworth APC’s wrongful death attorneys are available to help you is you have any questions to ask a wrongful death attorney regarding wrongful death. The wrongful death attorney in San Diego focuses on assisting clients through the complexity of these situations and informing them of their rights and choices.

Who can file a wrongful death lawsuit in California?

  • Spouse or Domestic Partner: In California, a legal action for wrongful death may be brought by the deceased’s spouse or registered domestic partner.
  • Children of the deceased: The deceased’s biological or adopted offspring may initiate a wrongful death claim.
  • Parents:  If the deceased has no surviving spouse or children, the deceased’s parents may be entitled to pursue a wrongful death claim.
  • Putative Spouses and Stepchildren: Those who thought they were married and stepchildren may also be eligible to apply.
  • Anyone Entitled to the Estate: If a will is not made, anyone who would otherwise be entitled to the decedent’s assets through intestate succession may be able to bring a wrongful death claim. Do not forget that the state allows one year to file a complaint and initiate a wrongful death claim lawsuit. 

Criteria for bringing a wrongful death claim in California:

To file a wrongful death claim in California, the following conditions must be met: The plaintiff must be a dependent or family member of the deceased and fill out the claim form initially. Someone else’s purposeful wrongdoing or carelessness must have resulted in the fatality. Furthermore, the lawsuit must be filed within two years after the death date according to the Statute of Limitations. You must get acquainted with these crucial elements when contemplating pursuing a wrongful death lawsuit in the state. 

Seek the advice of 2HLaws’ knowledgeable attorneys to file a lawsuit in California.

Entrust your legal journey to our seasoned attorneys when filing a lawsuit in California. Our adept team specializes in guiding you through the intricate legal landscape, ensuring a seamless process. Particularly, when pursuing a wrongful death claim in California, our knowledgeable attorneys are equipped to navigate the complex legal requirements. From meticulously establishing eligibility to skillfully negotiating on your behalf, our dedicated staff is committed to obtaining justice for bereaved families. Count on us for comprehensive support, from initial consultation to securing reasonable compensation, as wrongful death attorney San Diego stands with you through every step of this challenging and emotional process.


Navigating the intricacies of wrongful death lawsuits in California is paramount for those seeking justice. wrongful death attorney in San Diego is poised to lend expertise, addressing inquiries and offering compassionate support throughout the legal journey. It is imperative to act quickly and avoid allowing the Statute of Limitations to run out. Now, take the proactive step toward justice and just recompense, knowing that your rights will be protected and the intricacies of the legal system will be skillfully handled by Hollingsworth & Hollingsworth APC’s at (619) 374-9320 committed legal experts.

H & H Workers' Comp & PI Law Firm

If you are unable to come to us, we’ll come to you. You can focus on healing and let us help you to get your deserved compensation.

Free Case Evaluation