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In California, Californis'a Code of Civil Procedure § 377.60 governs who may sue for the wrongful death of a loved one. Those persons that are entitled to sue under California's wrongful death statute fall in three categories:
First category of persons entitled to bring a wrongful death lawsuit are:
Surviving Spouse.
Children- if no children are alive, then issue of deceased children.
If deceased children left no issue, then surviving spouse and heirs at law.
Second category of persons entitled to bring a wrongful death lawsuit are:
Putative Spouse
Children of Decedent's Putative Spouse
Stepchildren of decedent's
Parents
This category of individuals must demonstrate that they were dependent on decedent for financial support and or necessities of life.
Third category of persons entitled to bring a wrongful death lawsuit are:
Any Minor, whether or not qualified under CCP § 377.60 (a) or (b). Sol long as the minor resided with decedent for at least 180 days prior to decedent's death in decedent's household, and was dependent on decedent for one-half or more of his or her support, that minor may bring a wrongful death law suit.
N.B.: Adpoted children may not bring a wrongful death law suit based on the death of his or her natural parent, because an adoption severs the parent-child relationship.
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