Because a wrongful death suit is created by statute in California, only those identified in that statutory authority (California Civil Code section 377.60) may bring such an action. 

 

Those individuals include:

• A spouse;

• A domestic partner;

• A child;

• The children of a deceased child;

• The heir's of a decadent; and,

• In certain cases, a putative spouse, children of a putative spouse, stepchildren, parents, and dependent children residing with the decadent at the time of his or her death. 

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          In addition, under California Civil Code section 377.34, the personal representative of a decedent (or a successor in interest) may recover certain damages limited to the loss or damage that the decedent sustained or incurred before death, including any penalties, punitive and/or exemplary damages that he or she would have been entitled to recover had they lived.  (Such damages do not include damages for pain, suffering or disfigurement.)

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          The scope of this article is limited to the law applicable to the state of California.