Wrongful Death Lawsuit

Who Can File A Wrongful Death Lawsuit In California?

In the state of California, only certain people can file a wrongful death lawsuit for their family member or loved one. Those guidelines can be found in § 377.60-377.62 of the California Code of Civil Procedure.

The codes state that any of the following individuals can file a wrongful death lawsuit:

• Surviving spouse or domestic partner
• The decedent’s children

If there is no surviving spouse, domestic partner, or children, the following parties may file a claim:

• Other dependents of the decedent
• Putative spouse
• Children of the putative spouse
• Stepchildren
• Parents

While multiple parties have the right to file a wrongful death claim, only one lawsuit per wrongful death is allowed. So, for example, a surviving spouse and a surviving stepchild cannot file separate actions.

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Should I File a Wrongful Death Claim?

In order to qualify as a wrongful death, a person’s fatal injuries or illness must meet certain requirements, such as:

• The person or organization accused of being at fault must have at least partially caused the death.
• The cause must have been the result of negligence or recklessness by the at-fault party.
• A surviving loved one must bring the claim.
• The death caused financial losses.

Not everyone can file a lawsuit for the wrongful death of a person. Under California law, only the deceased’s surviving spouse, domestic partner, or children can file a claim. If none of these people exist, the person’s parents, siblings, nieces or nephews, grandparents, and other relatives are then able to file a claim. While you may have to prove your relationship in order to file a claim, this is easily done through birth certificates, marriage licenses, and other records.

What is the Statute of Limitations for Wrongful Death Lawsuits in California?

Keep in mind that wrongful death lawsuits in California are subjected to a statute of limitations, found in California Code of Civil Procedure Section 335.1. If nothing is filed within this time, you may be legally barred from filing a wrongful death claim for the incident. While there are some exceptions to this rule, such as finding out at a later date that the death was caused by another person’s wrongful actions, it is best to file sooner rather than later.

What Damages Can I Recover in a Wrongful Death Suit?

The emotional healing process after the death of a loved one is different for every person and nothing can speed it up. However, heavy financial and emotional burdens can surely slow it down.

Thankfully, wrongful death claims can ask for compensation for the many different losses that result from these tragic incidents. Financial compensation can be sought to pay for:

• Medical costs for procedures performed on eventually-fatal injuries or illnesses.
• All expenses associated with funeral and burial of the deceased.
• Lost wages and benefits that would have been earned by the deceased, based on his or her job at the time of the incident.
• Grief and loss of companionship experienced by loved ones.

Additionally, if the party at fault violated laws or caused the death by acting extremely recklessly, punitive damages may also be levied against them.  Payments for these fines go to the survivors.

By proving both that the at-fault party was responsible for the incident and that the losses you are claiming are legitimate, you can receive fair and full compensation that will lift these heavy burdens off of you and your family.