I was relying on someone, I was not related to, for financial support and they died from the wrongful conduct of another person. Can I bring a claim, even though I was not related or married to the person who died in California?

California statutes prohibit claims by persons that are not blood relatives, spouses or heirs from bringing an action for wrongful death. Thus, in an action for loss of love, care, society and financial support, a claim for financial support alone will not fall within the wrongful death statutes.

There are however a few exceptions, if another relationship can be established, one for instance of employer and an employee, a benefactor by written documentation, a putative spouse, where you are presumed married and other such exceptions.

If a person close to you, but not a relative, was wrongly killed, we invite you to contact our office to explore your right to bring a claim even though you may not be a blood relative of the decedent. Call us at a 866 981-5596.


James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie and has been practicing personal injury law for 25 years.