In California, the parties that may file claims for wrongful death are the deceased person’s surviving spouse, domestic partner, child or anyone entitled to the decedent’s property by intestate succession (in the absence of surviving issue of the decedent). This party – or his or her attorney – will have to prove certain elements are more likely to be true than not true for a successful wrongful death claim.
The defendant owed the deceased person a duty to exercise reasonable care.
The defendant did not fulfill his or her duty of care to the decedent.
The defendant’s act of negligence caused the death in question.
The plaintiff(s) suffered compensable damages because of the defendant’s breach of duty.