Who can take a wrongful death action?

Conditions vary from state to state, but in California, the people who can make a wrongful death claim include:

• The surviving spouse or domestic partner
• The victim’s children
• The offspring of deceased children
• The persons who would be entitled to the property of the deceased if the victim had died without a will
• People who were dependents of the victim, including:
  • Stepparents
  • Stepchildren
  • Any minor who had resided with the victim for at least six months prior to death, and who was dependent on the deceased for at least 50 percent of their support