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Who Can File a Wrongful Death Claim in Torrance?

Wrongful Death Claim · By Payam Soliemanzadeh · September 22, 2026

Written and reviewed by Payam Soliemanzadeh, Founder and President — Updated September 22, 2026

California law limits who can bring a wrongful death claim. Here's who has the right to file after a fatal Torrance accident — and the deadline that applies.

Losing a family member in a crash on the 405 or at a Torrance intersection is devastating, and the legal questions that follow can feel overwhelming. One of the first is also one of the most important: under California law, who actually has the right to bring a wrongful death claim?

California limits who can file

California's wrongful death statute (Code of Civil Procedure § 377.60) sets who may sue. The right generally belongs first to the deceased person's surviving spouse or domestic partner and their children. If there are none, it can pass to those who would inherit under California's intestate succession rules, and in some cases to others who were financially dependent on the person.

What a wrongful death claim can recover

Eligible family members can seek both financial losses — lost financial support, lost household services, funeral and burial costs — and the harder-to-measure loss of the person's love, companionship, and guidance. A separate 'survival' claim may also recover certain losses the person suffered before death.

One claim, brought together

California generally treats wrongful death as a single action that the eligible heirs bring together rather than as separate lawsuits. Sorting out who is entitled and coordinating the claim is something families should not have to navigate alone in the middle of grief.

The deadline still runs

The filing deadline continues during this difficult time, and it is shorter when a government entity is involved. Understanding the timeline early prevents a painful loss from being compounded by a lost claim.

Local details for Torrance

County: Los Angeles County
Where a case is filed: A Torrance wrongful death case is generally filed in the Los Angeles County Superior Court's Southwest District (Torrance Courthouse).
Key deadline: Generally 2 years from the date of death (CCP § 335.1); six months if a government entity is involved (Gov. Code § 911.2).

Fatal crashes in the Torrance area occur on the 405 and 110 freeways and along major arterials such as Hawthorne Boulevard and Pacific Coast Highway. Trauma care for the South Bay is centered at Harbor-UCLA Medical Center. Where a public entity or road condition contributed, the six-month government-claim deadline applies.

Frequently asked questions

Who has the right to file a wrongful death claim in California?

Generally the surviving spouse or domestic partner and children first; if none, those who would inherit under intestate succession, and sometimes financial dependents (CCP § 377.60).

What can a wrongful death claim recover?

Financial losses like lost support and funeral costs, plus the loss of the person's love, companionship, and guidance; a survival claim may add certain pre-death losses.

How long do we have to file?

Generally two years from the date of death, but only six months if a government entity is involved.