Who Can File a Wrongful Death Lawsuit in California
It goes without saying, losing a loved one is never easy. Losing someone because of another’s negligence can bring on an extra level of emotional distress. Often, these unfortunate deaths are unexpected and can bring on everything from grief and confusion to stress and financial hardship.
Filing a wrongful death claim can help you seek justice and alleviate some of the financial burdens related to your tragic loss. The first legal step in filing a wrongful death lawsuit is determining who is eligible to bring the claim. However, it’s important to note that not just anyone can file a claim. Here, we’ve outlined what you need to know about who can file a wrongful death lawsuit in California.
Who is Qualified to File a Wrongful Death Claim?
Wrongful death is a fairly new development. In the last 100 years, courts have begun to acknowledge that survivors of victims can receive financial compensation. This compensation is available through a civil suit.
California’s wrongful death statute, Section 377.60 of the California Code of Civil Procedures, gives several people the right to file a wrongful death lawsuit. These people include:
- Surviving Spouse
- Domestic Partner
- Putative Spouse
- Children
- Stepchildren (if financially dependent)
- Dependent Minors
- Parents (if no spouse or children)
- Siblings (if no spouse, children, or parents)
- Legal Heirs
- Personal Representative of the Victim’s Estate
Domestic Partner
The decedent and domestic partner must be registered as domestic partners in California.
Putative Spouse
An individual who entered a marriage in good faith, but the marriage was invalid. For example, if the decedent was already married without the knowledge of the putative spouse.
Children
Biological and adopted can all file a wrongful death claim. Grandchildren also qualify if the victim’s children are deceased.
Stepchildren
Stepchildren who were financially dependent on the deceased person may file a wrongful death claim, provided they can demonstrate this dependency. Documents a stepchild can use to prove financial dependency include bank statements and transactions, tax returns, school tuition records, health insurance, court-ordered support.
Dependent Minors
These minors must have depended on the decedent for financial support and lived with the victim for at least six months. They must have also obtained care and at least half of their financial support from the deceased.
Victim’s Parents
If the victim is a minor or was unmarried with no children, the surviving parents can file a wrongful death lawsuit. Parents who received financial support from the deceased can also bring a death claim.
Siblings
If the deceased had no surviving spouse, domestic partner, children, or parents, his or her siblings may be eligible to file a wrongful death claim.
Legal Heirs
If none of the above family members survives the deceased, individuals entitled to inherit from the victim are allowed to file a claim. Legal heirs are individuals entitled to inherit under intestate succession if the descendent did not have a will, per California Law.
What is Intestate Succession?
Intestate succession refers to the legal process that determines who inherits a person’s assets when they die without a valid will. In this process, state law decides how the deceased person’s property is distributed, usually prioritizing close relatives like spouses, children, and parents. If no close relatives are found, more distant family members may inherit.
A Personal Representative of the Victim’s Estate
To help simplify a lawsuit, some claimants may decide to have a personal representative of the victim’s estate file a single action on behalf of all the interested parties. The settlement will then be distributed in line with California’s wrongful death statute.
California’s One-Action Rule
One important thing to keep in mind regarding California’s wrongful death law is the one-action rule. This rule states that all eligible family members must participate in the same wrongful death lawsuit. This prevents the guilty party from being sued multiple times by different members of the victim’s family. It also ensures that one legal action addresses all claims and damages.
An estate’s personal representative is one exception to this rule, however. This person is already authorized to pursue a wrongful death claim on behalf of all the heirs. Another exception is heirs who were minors at the time of the claim can file another lawsuit within two years after turning 18 if they were not included in the initial one.
Other things to know about the one-action rule:
- Anyone who files a wrongful death lawsuit must include all known heirs, including surviving spouses, dependent children, domestic partners, parents, siblings and other dependents
- Any successful ruling will be awarded to the entire family, who must then decide how to divvy up the compensation
- Heirs who are excluded from a wrongful death suit could still have a legal right to any compensation the family receives
- If the family cannot agree on how to divide the settlement amount, they may need to return to court to have a judge decide for them
An experienced wrongful death attorney can help you get through any potential legal complications related to the one-action rule. A wrongful death lawyer will also ensure that the entire family reaches an agreement on how to divide any compensation without any unnecessary legal fees.
Survival Action vs Wrongful Death
While a wrongful death lawsuit compensates the victim’s surviving family members for their losses, a survival action is brought by the decedent’s estate. It can cover damages the decedent could have claimed had they lived. Through survival actions, the estate can claim for medical expenses or lost wages incurred before death. Also, unlike a wrongful death claim, a survival action can include an award for punitive damages.
A survival action can compensate the deceased person’s estate for:
- Claims unrelated to the death and which the victim had the right to sue for
- Claims for the injury that caused the death if the victim survived the injuries for at least some period
Wrongful death claims and survival actions are often tried together if they originate from the same underlying act. In many cases, eligible family members may obtain compensation through both types of claims.
Some examples of survival action claims include:
- A victim was in a car accident and survived for several months before succumbing to his injuries
- A defective medical product caused an injury that led to death
- A senior citizen died due to nursing home abuse
How Long Does a Family Have to File a Wrongful Death Claim?
Not only do you have to keep in mind who can file a wrongful death lawsuit in California, but when. In most cases, California law provides a two-year statute of limitations for wrongful death claims, which begins at the time of the victim’s death. However, the limitations period can be longer or shorter in some cases. For example, in cases involving government entities, the statute of limitations can be significantly shorter.
A survival action also has a two-year statute of limitations. Determining who can bring a wrongful death claim can often be complex. By working with a local attorney, you can avoid problems during the claims process. This helps make sure your claim is handled correctly.
Contact a Wrongful Death Attorney for Legal Support Today
To protect your family’s legal rights and ensure you don’t forfeit your claim, it is vital to consult with a Los Angeles wrongful death attorney as soon as possible. For your convenience, we also have offices in the South Bay and in Orange County.
El Dabe Ritter Trial Lawyers can handle the legalities of your case, guide you on how the legal process works and help determine what types of compensation to obtain from a wrongful death suit. We have over 20 years of experience helping families in wrongful death cases. Call us at (213)985-1120 for your free case evaluation.