A Family’s Worst Day Deserves the Strongest Legal Protection
There is no greater loss than the unexpected death of a loved one. Whether caused by a car crash, unsafe property, medical negligence, or workplace accident, the emotional and financial toll on the surviving family can be overwhelming.
At Rulsky Law Group, we help grieving families hold negligent individuals and corporations accountable. Our firm has represented parents, spouses, and children who have lost loved ones because someone else failed to act responsibly. We fight to uncover the truth — and to provide both justice and closure.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a lawsuit brought by specific family members (or the personal representative of the estate) against the person or company whose negligence or misconduct caused a fatality.
Unlike criminal cases — which are brought by the state — a wrongful death action is civil, meaning it seeks financial compensation for the surviving family’s losses: the loss of love, companionship, emotional support, and financial stability the decedent provided.
Under California Code of Civil Procedure § 377.60, the following individuals may bring a wrongful death action:
- The decedent’s surviving spouse or registered domestic partner
- The decedent’s children, or if none, the descendants of deceased children
- If there are no surviving children, those entitled to inherit under intestate succession (usually parents or siblings)
- Dependent stepchildren, parents, or putative spouses, if financially dependent on the decedent
- Minors who lived with and were supported by the decedent for at least 180 days before the death
These statutes are complex, and determining who can legally join the lawsuit — and how the recovery is distributed — requires experienced legal counsel.
Who Can File a Wrongful Death Lawsuit?
California’s wrongful death laws define “standing,” or who is eligible to be a plaintiff:
1. Spouses, Domestic Partners, and Children
These family members have the primary right to file under § 377.60(a). If there are no children, the decedent’s parents or other heirs may qualify based on inheritance rights under the Probate Code.
2. Dependent Parents, Stepchildren, or Putative Spouses
Even if they are not legal heirs, individuals who were financially dependent on the decedent for life necessities (housing, food, medical care) may qualify under § 377.60(b). This includes parents relying on adult children for support.
3. Minors Living With and Dependent on the Decedent
Under § 377.60(c), a minor who lived with the decedent for at least 180 days and relied on them for half or more of their support may also file.
4. Personal Representative of the Estate
If the estate has an appointed personal representative, that person can bring the lawsuit on behalf of all eligible heirs, avoiding duplicate filings or disputes among family members.
One Action Rule – Everyone Must Be Included
California’s “one action rule” requires that all eligible heirs join together in a single wrongful death lawsuit. Only one verdict and one recovery can be obtained.
If an eligible family member refuses to join as a plaintiff, they must be named as a nominal defendant to ensure notice and preserve their rights.
This rule prevents multiple, conflicting lawsuits over the same death — and ensures a fair, unified resolution for all heirs.
Wrongful Death vs. Survival Action
While wrongful death compensates the family’s losses, a survival action allows recovery for the decedent’s own damages incurred before death.
- Wrongful Death: Covers loss to the family — love, companionship, financial support.
- Survival Action: Covers the decedent’s pre-death damages — such as medical bills, property loss, or punitive damages if the defendant acted with malice or fraud.
If your loved one survived for even a short time after the injury, your attorney may include both causes of action to maximize recovery.
💡 Example: In a trucking or workplace death case, if the decedent received medical treatment before passing away, a survival action may allow recovery for those medical costs and punitive damages, while a wrongful death action covers the family’s emotional and financial losses.
How Rulsky Law Group Proves Wrongful Death Cases
Our California wrongful death attorneys meticulously investigate every case using:
- Accident reconstruction experts to establish causation.
- Medical experts to confirm how negligence led to death.
- Financial analysts and economists to calculate future lost earnings and support.
- Witness and deposition evidence to prove liability and dependency.
- Probate coordination to ensure the estate and heirs are correctly represented.
We handle every aspect — from identifying all potential plaintiffs to negotiating or litigating against insurers and corporations — so your family can focus on healing.
Damages Recoverable in a Wrongful Death Claim
Wrongful death compensation in California may include:
- Funeral and burial expenses
- Loss of financial support the decedent would have provided
- Loss of love, companionship, comfort, care, and moral support
- Loss of consortium for surviving spouses or partners
- Loss of parental guidance for surviving children
In a survival claim, additional damages may include:
- Pre-death medical expenses
- Property damage or out-of-pocket costs
- Punitive damages (in egregious negligence or reckless cases)
Medi-Cal, Medicare, and Estate Liens
If your loved one received medical care before death that was paid by Medi-Cal or Medicare, those agencies may attempt to assert liens.
However, California law (see Fitch v. Select Products Co. (2005) 36 Cal.4th 812) holds that Medi-Cal cannot attach a lien to wrongful death proceeds, since those damages belong to the heirs, not the decedent.
Our attorneys evaluate whether adding a survival action (which can trigger liens) benefits your family financially — or whether to proceed with a pure wrongful death claim to preserve the net recovery.
Frequently Asked Questions (FAQ)
No. California’s one-action rule requires all heirs to join in a single lawsuit or be named as nominal defendants.
You may still qualify if you were financially dependent under § 377.60(b).
Punitive damages are not available in wrongful death claims, but may be recoverable under a survival action if the defendant’s conduct was reckless or malicious.
If heirs cannot agree, the court will allocate damages fairly based on dependency, loss, and relationship to the decedent.
