If you have lost a loved one in an accident and believe you may have a wrongful death claim, there are some important facts you need to know. Wrongful death claims are unique from other types of lawsuits, and, in order to make sure that you and your family receive just compensation, you will need to have a clear understanding of how California law applies to your situation. This includes understanding who can file a wrongful death lawsuit. The laws on this vary from state to state, so you need to focus on California’s wrongful death statute in particular. Unfortunately, California’s wrongful death statute is particularly complex, and many people struggle to understand what it means for their personal and family circumstances.
Who Can File a Claim for Wrongful Death in California?
In order to determine if you have the legal right to file a wrongful death lawsuit, there are two questions you need to answer:- What constitutes a “wrongful death”?
- Which family members are eligible to file a wrongful death claim?
What Constitutes a Wrongful Death?
Under California law, eligible family members can file claims in cases involving fatal accidents, “caused by the wrongful act or neglect of another.” While some wrongful death cases involve wrongful acts (i.e., shootings and other forms of violence), most involve acts of negligence. Many people find it easiest to understand this by drawing a parallel to personal injury claims: If your loved one could have filed a personal injury lawsuit had he or she survived, then eligible family members can file a claim for wrongful death. With this perspective, most wrongful death claims involve incidents such as:- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Fatal falls
- Defective product accidents
- Construction site, farm, and oilfield accidents
- Malpractice and neglect in hospitals and nursing homes
Which Family Members Are Eligible to File Wrongful Death Claims?
Assuming a cause of action for wrongful death exists, the question then becomes who has the legal right (or “standing”) to file a claim? This is where things get a bit more complicated. In most cases, the family members who are eligible to file a wrongful death claim in California are: “The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.” If we break this down, the family members who have standing to file a wrongful death claim in most cases are:- The victim’s spouse or domestic partner
- The victim’s children
- The victim’s grandchildren, if the grandchildren’s parents have passed
- If the victim does not have any surviving children or grandchildren, any other family members who would be entitled to a share of the victim’s estate under California law in the absence of a will
- The victim’s stepchildren, if they were financially dependent on the victim
- The victim’s parents, if they were financially dependent on the victim