In the immediate aftermath of losing a loved one, you are dealing with a fog of grief, funeral arrangements, and the sudden silence where a presence used to be. When that loss is caused by someone else’s negligence, whether on a California highway or due to medical error, the question of “what comes next” inevitably arises.
You are likely trying to understand if you, specifically, have the legal power to hold the at-fault party accountable. In legal terms, this is called “standing.”
California law is incredibly specific about who holds this key. It is not enough to be a grieving relative. You must fit into a rigid statutory hierarchy established by the California Code of Civil Procedure. Understanding where you fall in this hierarchy is the first step in evaluating your options.
Understanding the Hierarchy of Heirs
California operates under a “one action rule” philosophy, meaning the courts do not want multiple lawsuits for the same death. They require a consolidated approach, prioritized by a specific order of claimants.
Priority Group 1: Immediate Family
If you fall into this category, your standing is generally automatic. You have the primary right to file.
- Surviving Spouse: You are the first in line.
- Domestic Partner: You must be a registered domestic partner with the Secretary of State at the time of death.
- Children: Biological and legally adopted children have equal standing.
Priority Group 2: The Line of Descent
If the deceased did not have a spouse, partner, or children, the law looks to who would inherit the estate under California’s intestate succession laws.
- Parents: If the deceased was single and childless, the parents hold the claim.
- Siblings: If parents are deceased, siblings are next in line.
While this hierarchy seems straightforward, the reality of modern families often complicates these definitions.
Understanding Intricate Family Structures
Life rarely fits neatly into boxes. Crown & Stone Law, P.C. frequently advises clients who share deep, familial bonds with the deceased but lack a standard marriage certificate or biological link. Establishing standing in these scenarios requires a sophisticated understanding of the probate code.
The “Putative Spouse”
California recognizes that sometimes, people believe they are married when, legally, they are not (due to a void or voidable marriage). If you believed in good faith that your marriage was valid, you may be considered a “putative spouse.”
- The Burden of Proof: You must demonstrate that your belief in the marriage was reasonable.
- The Right: If established, a putative spouse has the same standing to sue as a legal spouse.
Stepchildren and Unadopted Minors
Generally, unadopted stepchildren do not have automatic standing, even if they viewed the deceased as their only parent. However, there is a specific exception.
You may have standing if you can prove:
- You were a minor at the time of death.
- You resided in the deceased’s household for the previous 180 days.
- You were dependent on the deceased for at least 50% of your support.
This is where the concept of a “pecuniary relationship” becomes vital. It isn’t just about emotional closeness, the court looks for financial reliance.
The “One Action Rule”
Under the “One Action Rule,” all potential heirs must be joined in a single lawsuit. This is perhaps the most overlooked aspect of wrongful death litigation by non-lawyers.
You cannot file a lawsuit for your damages while your estranged sibling files a separate one for theirs. If an eligible heir is omitted from the lawsuit, the defendant can move to dismiss the case, or the omitted heir can later sue the filing heir for their share of the settlement.
If you are considering legal action, you need a firm that acts as a unifying force. Often, heirs do not get along. In these cases, we must name uncooperative heirs as “nominal defendants”, which is a procedural term that makes sure they are included in the action so the case can proceed, even if they refuse to participate as plaintiffs.
This makes sure the defendant cannot escape liability due to family infighting.
Understanding Damages and What is Actually Recoverable
When evaluating whether to pursue a claim, it is practical to ask what can be achieved. Wrongful death damages in California are split into economic and non-economic categories.
Economic Damages
These are quantifiable financial losses:
- Funeral and burial expenses.
- The financial support the deceased would have contributed to the family (projected over their life expectancy).
- Loss of gifts or benefits.
Non-Economic Damages
These cover the intangible, human loss:
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
- Loss of Consortium: Specific to spouses for the loss of intimacy.
The Impact of SB 447 (Survival Actions)
Historically, California law did not allow families to recover damages for the deceased’s pain and suffering prior to death. However, Senate Bill 447 (effective until 2026) fundamentally changed this.
Now, a “survival action” can be filed alongside the wrongful death claim to recover for the pain, suffering, or disfigurement the deceased endured between the injury and their death.
While the average wrongful death settlement in California hovers around $973,000, the median is closer to $295,000. Why the disparity? Because the “value” is heavily dependent on the skill of the attorney in proving the extent of non-economic damages and handling insurance policy limits.
Why a Personal Injury Litigator, Not a Probate Lawyer?
Because wrongful death claims involve heirs, many people mistakenly contact a probate or estate planning lawyer. This is a strategic error.
Probate lawyers focus on the distribution of assets. A personal injury trial lawyer, like Avi Muhtar, focuses on proving negligence. Crown and Stone has:
- The core task: We must reconstruct an accident, hire professionals, battle insurance adjusters, and prove liability.
- The financial model: We operate on a contingency fee basis. You pay nothing upfront, and we only get paid if we recover compensation for you. Probate lawyers typically charge hourly rates regardless of the outcome.
Frequently Asked Questions
Q: Can a fiancé file for wrongful death in California?
Generally, no. Unless you qualify as a “putative spouse” (believing you were already married) or a registered domestic partner, a fiancé lacks standing, regardless of the length of the relationship or cohabitation.
Q: What if the heirs cannot agree on a settlement distribution?
It is common for a lump sum settlement to be offered. If heirs cannot agree on how to split it, the court can conduct a hearing to apportion the settlement based on the individual loss suffered by each heir. A child who lived with the deceased may receive a larger portion than an estranged adult child.
Q: How long do I have to decide?
The statute of limitations for wrongful death in California is generally two years from the date of death. However, if the death was caused by a government entity (like a city bus or police vehicle), you may have as little as six months to file a claim.
Your Next Step
Determining standing is the foundation of your case. If you are unsure of your eligibility, particularly if you are a stepchild, partner, or dealing with uncooperative family members, you need clear, authoritative guidance.
At Crown & Stone Law, P.C., we combine deep compassion for your loss with aggressive advocacy for your rights. We will help you determine your standing, explain the “One Action Rule” as it applies to your family, and give you an honest assessment of the path forward.
