Who Can File a Wrongful Death Claim in San Diego?

Understanding Your Rights Under California Law

Losing a loved one is one of life’s most painful experiences. When that loss is caused by someone else's negligence or wrongdoing, families are left not only grieving, but also seeking justice. California law allows certain individuals to file a wrongful death claim—but not everyone qualifies.

At Hulburt Law Firm, we help San Diego families understand their legal rights and navigate the complexities of wrongful death claims. For a broader overview of the legal process, visit our San Diego Wrongful Death Attorney page. Below is a clear guide to who can file, how claims are coordinated, and what to do when multiple family members are involved.

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Who Has Legal Standing to File a Wrongful Death Claim?

Under California Code of Civil Procedure § 377.60, the law grants specific individuals the right to file a wrongful death lawsuit. Legal standing is limited to the following:

Immediate Family Members

• Spouse or Registered Domestic Partner of the deceased
• Children of the deceased, including biological and adopted
• Parents of the deceased (if the deceased has no surviving spouse or children, or if the parents received financial support from the deceased)

Other Eligible Heirs (If No Immediate Family Survives)

If there’s no surviving spouse, child, or parent, those entitled to inherit under California’s intestate succession laws may file:

• Siblings of the deceased
• Grandchildren of the deceased (if the deceased person’s children are also deceased)

Financial Dependents

Individuals who relied financially on the deceased may also qualify:

• Parents who were supported by the deceased
• Putative spouse (someone who believed in good faith they were legally married)
• Children of a putative spouse
• Stepchildren
• Legal guardians or minors who lived with the deceased for at least 180 days and depended on them for support

Reference: California Code of Civil Procedure § 377.60

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The Role of the Personal Representative of the Estate

In some cases, a wrongful death lawsuit may be brought by the personal representative of the deceased’s estate.

• The personal representative is appointed by the probate court.
• They may file a combined action on behalf of both the estate and eligible heirs.
• This approach ensures coordination and avoids conflicting claims.

This is especially important in cases involving complex estates, minor heirs, large families, or eligible heirs living out of the country.

Reference: California Probate Code § 8400, et seq.

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The One Action Rule in California

California follows the "One Action Rule" in wrongful death litigation. This means that only one wrongful death lawsuit can be filed for a single decedent.

What the Rule Requires:

• All known eligible heirs must join together in a single, unified lawsuit.
• If one party files, they must do so on behalf of all other heirs, whether those heirs actively participate or not.
• Separate or successive lawsuits by different heirs are not allowed.

Nominal Defendants:

If a family member does not want to join in the lawsuit, then that family member can be named in the lawsuit as a nominal defendant. This ensures that all family members are joined in the lawsuit in compliance with the one action rule. If a family member was omitted from the lawsuit, then that omitted family member could later sue the other family members for a portion of any recovery.

Why It Matters:

‍Failing to include all known heirs can result in claims being dismissed or delayed, and may cause tension among family members. Also, defendants (and their insurance companies) will not settle a wrongful death case unless all of the family members are included. This rule promotes judicial efficiency and ensures consistent resolution for all parties affected.

At Hulburt Law Firm, we help families navigate the One Action Rule by:

• Identifying all individuals with legal standing
• Coordinating among multiple heirs
• Avoiding procedural pitfalls that could jeopardize the case

"When tragedy strikes, families deserve answers, guidance, and a team that can bring their voices together in pursuit of justice.” — Conor Hulburt, Founding Attorney

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Common Questions About Eligibility

Can a parent sue for a child’s wrongful death?
Yes—if the child had no surviving spouse or children.

Can siblings bring a claim?
Only if there are no surviving children, spouse, or parents.

Do stepchildren qualify?
Yes—if they were financially dependent on the deceased.

Can multiple people file separate lawsuits?
No. All heirs must be part of one action, per California’s One Action Rule.

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Why Legal Representation Is Crucial

When a wrongful death claim involves multiple parties, legal guidance is essential. An experienced attorney can help:

• Identify all rightful heirs
• Coordinate with the estate and personal representative
• Resolve family disputes over representation or compensation
• Ensure full compliance with the One Action Rule and other procedural laws

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Related Resources

• Wrongful Death Laws in San Diego: What You Need to Know
• Types of Damages in Wrongful Death Cases
• The Legal Process for Filing a Wrongful Death Claim
• Finding the Top Wrongful Death Attorney in San Diego

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Speak with a San Diego Wrongful Death Attorney Today

If you’re unsure whether you or another family member can file a wrongful death lawsuit—or how to navigate the One Action Rule—contact Hulburt Law Firm today for a free consultation. We’ll help you move forward with compassion, experience, and determination.

The Truth Demands Justice.