When a wrongful death occurs in California, the state’s laws determine which individuals are entitled to seek compensation. In essence, wrongful death claims provide a legal avenue for certain family members and dependents to receive monetary damages due to the loss of a loved one, as a result of someone else’s negligent or intentional act.
Under California law, the eligibility to file a wrongful death claim is specifically outlined. Only certain relatives or representatives of the deceased’s estate are permitted to bring forward such a claim.
The prioritization of heirs in such cases is rooted in the state’s statute — the California Code of Civil Procedure 377.60. This code is the guiding framework that lists the categories of individuals who can make a wrongful death claim.
Eligibility for Wrongful Death Claims in California
Immediate Family Members
Immediate family members are the primary eligible claimants in wrongful death cases. This group includes:
- Spouses: A legal spouse at the time of death can file a claim.
- Children: Biological and legally adopted children have the right to compensation.
- Parents: In cases where there are no surviving children or spouse, the parents of the decedent can bring forth a claim.
Domestic Partners and Putative Spouses
Domestic partners registered with the State of California hold similar rights to spouses and can file a wrongful death claim. A putative spouse, who had a good faith belief that their marriage to the decedent was valid, may also be eligible, including:
- Children of the Putative Spouse: They can file a claim if they were financially dependent on the decedent.
Distant Family Members
Distant family members can sometimes be eligible if there are no other closer relatives. This may include:
- Siblings
- Grandparents
- Other relatives who were financially dependent on the decedent.
Minors Depending on the Decedent
Minors who lived with the decedent for at least 180 days prior to the death and were dependent on them for at least 50% of their financial support are eligible to file a wrongful death claim. This category is not limited to biological children.
Filing a Wrongful Death Lawsuit
When initiating a wrongful death lawsuit in California, understanding the legal process is crucial. The suit must be filed within a specific time frame, proper documentation is required, damages must be accurately calculated, and the case may proceed to settlement or litigation.
Statute of Limitations
In California, according to wrongful death attorneys lawsuit is generally two years from the date of the deceased person’s death. If the death was caused by a government entity, a claim must be filed within six months. Missing this deadline can result in the loss of the right to sue.
Proof and Documentation
To proceed, plaintiffs must produce evidence demonstrating that the defendant’s negligence or intentional act caused the death of their loved one. This includes, but is not limited to, medical records, police reports, and witness statements. Wrongful death attorneys underscore the importance of this step in building a strong case.
Calculating Damages
Damages in a wrongful death suit can be economic (tangible costs such as funeral expenses and lost income) or noneconomic (intangibles like pain and suffering). Calculations must consider the victim’s life expectancy, income, and the plaintiffs’ relationship to the deceased.
