California wrongful death: organize the family and evidence file

California Code of Civil Procedure section 377.60 identifies categories of people who may assert a wrongful-death cause of action, or on whose behalf the decedent’s personal representative may act. The list includes relatives and, in specified circumstances, dependent people; the actual family and dependency facts matter. Create one file for marriage or domestic-partnership records, birth records, legal parentage, dependency, household and estate documents, and contact information for potential claimants. Do not treat one person’s willingness to file as proof that every other eligible person has been accounted for.

Create a second file for the underlying event: collision evidence, premises records, a product and its identifying data, medical or coroner records, witness contacts, and communications with insurers or agencies. A wrongful-death label does not identify the responsible party. An attorney still needs to investigate conduct, cause, defenses, available coverage, and any special process involving a public entity or health-care provider.

A wrongful-death action concerns the legally authorized survivors’ loss. A survival action continues a cause of action that the person had before death and is brought by the representative or successor under different rules. Sections 377.61 and 377.34 address distinct damages, so the two folders should not combine every expense, wage entry, or human loss into one undifferentiated total. For any survival action filed in 2026 or later, counsel should check the current text of section 377.34 rather than assuming the temporary pain-and-suffering provision for certain earlier-filed cases still applies.

The distinction is practical. Keep invoices and treatment records from before death with the decedent’s file. Separately collect household contribution records and concrete evidence of care, guidance, companionship, and support for the people who may qualify. The court determines the respective rights in a wrongful-death award; an online guide cannot allocate a family’s share.

California section 335.1 states a general limitations period for injury or death caused by wrongful act or neglect. It does not supply a safe deadline for every death. Government claims, medical negligence, uncertainty about accrual, and other circumstances can involve different rules. Record the death and incident dates, all agency or insurer notices, and the date each possible claimant learned material facts. Ask counsel to confirm the applicable path quickly while key records still exist.

Give prospective counsel a concise chronology, the two folders, and a list of all potentially eligible relatives or dependents. Ask who will investigate the cause, coordinate claimants, distinguish a survival claim, handle insurer contacts, and explain fees. Family members can disagree; a careful intake should surface those conflicts without assuming one representative can speak for everyone.