Losing a loved one is incredibly painful, and when their death is caused by someone else’s negligence or wrongdoing, it can feel even more overwhelming. California law allows certain family members and individuals to file a wrongful death lawsuit to seek justice and compensation.
Who Is Eligible to File a Wrongful Death Lawsuit?
Under California law, specific family members and individuals have the legal right to file a wrongful death lawsuit. The following people are eligible to bring a claim:
- Spouse or Domestic Partner: A surviving spouse or registered domestic partner is generally the first in line to file a wrongful death claim.
- Children: If the deceased has children, they also have a right to file a claim. This includes biological children, adopted children, and in some cases, stepchildren who were financially dependent on the deceased.
- Grandchildren: If the deceased person’s children are also deceased, then grandchildren may have the right to file a claim.
- Other Financial Dependents: If there is no surviving spouse, domestic partner, children, or grandchildren, other individuals who depended on the deceased may have a right to file a wrongful death lawsuit. This can include:
- Parents: If the parents were financially dependent on the deceased.
- Putative Spouse: A person who believed in good faith that they were married to the deceased and was financially dependent on them.
- Stepchildren: Stepchildren who were financially dependent on the deceased.
In cases where none of the above individuals are available, more distant relatives who were financially dependent on the deceased may be able to file a claim.
Understanding What a Wrongful Death Claim Covers
A wrongful death claim can seek compensation for various losses associated with the untimely death, including:
- Medical Expenses: Costs for any medical care received before the individual’s death due to the incident.
- Funeral and Burial Costs: Expenses for a proper funeral and burial.
- Loss of Financial Support: The income the deceased would have provided for their family over a lifetime.
- Loss of Companionship and Emotional Support: Compensation for the emotional suffering, loss of companionship, and guidance provided by the deceased.
Filing a Wrongful Death Claim: When and How
In California, wrongful death claims must be filed within two years of the date of death. This period is known as the statute of limitations. Missing this deadline generally means losing the right to pursue compensation.
To file a wrongful death lawsuit, the eligible family member or representative will need to present evidence showing that the defendant’s negligent, reckless, or intentional actions led to the death. This often involves proving that the defendant owed a duty of care to the deceased, breached that duty, and that breach directly caused the death.
Can Multiple Family Members File Separate Lawsuits?
In California, all eligible family members typically join together in a single wrongful death lawsuit rather than filing separate claims. If there are multiple parties interested in filing, they will work together or select a representative to file on behalf of all eligible claimants. This helps streamline the legal process and avoids conflicting claims.
Seeking Legal Help for a Wrongful Death Case
Filing a wrongful death case can be challenging, particularly during a time of grief. Working with an experienced attorney can help ease the legal burden and help make sure that your case is handled effectively.
At the Law Offices of Brent W. Caldwell, we understand the delicate nature of wrongful death cases and are committed to helping families seek justice for their loved ones. If you have lost someone due to another’s negligence, contact us for a compassionate consultation to discuss your options and understand your rights under California law.
