Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about who can bring a wrongful death claim. He explains that the individuals eligible to file a wrongful death claim on behalf of a decedent are determined by California’s probate code and are generally the intestate heirs. In cases where a person dies in a car accident, eligibility depends first on the decedent’s marital status. If the decedent was married, the surviving spouse becomes the successor and has the legal right to pursue the claim on behalf of the estate. If there is no surviving spouse, the claim may be brought by the decedent’s children, including adopted children, who are also recognized as eligible heirs.

In the absence of a surviving spouse or children, eligibility typically extends to the decedent’s parents and other heirs as outlined under the probate code.