Wrongful death is a legal term referring to any loss of life caused by another party’s negligence, recklessness, or violation of law. Most wrongful deaths involve a preventable accident. Common causes include workplace negligence, reckless driving, drunk driving, medical malpractice, defective products, and assault. This is known as a wrongful death lawsuit, and it is entirely separate from any criminal law proceedings related to the death. The outcome of a wrongful death lawsuit does not depend on whether criminal charges are filed or whether any defendant is convicted. But who can file a wrongful death lawsuit in California? The rules of eligibility are strict and complex. The statute only allows for certain family members to recover wrongful death benefits — but determining which family members will qualify requires a careful analysis of the family’s makeup and circumstances. Below, we provide a general explanation of who can file a wrongful death lawsuit in California. However, every family is different, and various exceptions may apply. That’s why it is important to discuss your particular situation with an attorney before reaching any conclusions. A Bakersfield wrongful death attorney at The Law Offices of Mickey Fine can help.
Who Can File a Wrongful Death Lawsuit in California?
Let’s start with the general rule. In California, the only relatives allowed to make a claim for wrongful death compensation are the deceased person’s:- Surviving spouse
- Surviving domestic partner
- Surviving children
- Surviving grandchildren (if the surviving children have all passed away)
What If the People Listed Above Are No Longer Alive? Or Don’t Exist? Or Don’t Want to File a Wrongful Death Claim?
In the event that there are no surviving spouses, domestic partners, children, or grandchildren — or if those people are alive but choose not to file a wrongful death claim — then anyone who would be entitled to inherit property from the deceased according to the rules of intestate succession may file a wrongful death claim. “Intestate succession” refers to the order of inheritance when a deceased person dies without a will. For purposes of determining who can file a wrongful death lawsuit in California, it doesn’t matter whether the deceased had a will or not. Rather, we ask a hypothetical question: “If the deceased had died without a will, who would have inherited his or her property?” Those people then become eligible to file a wrongful death lawsuit — but again, this is only true if there are no survivors who want to file suit. The rules of intestate succession are highly complex. If you aren’t sure whether you qualify under those rules, a Bakersfield wrongful death attorney in our office can help.What About Parents, Stepchildren, “Putative Spouses,” and Other Financial Dependents?
Parents, stepchildren, putative spouses (i.e. spouses who believed in good faith that they were married under California law but for some reason were technically unmarried), and other financial dependents may be able to sue for wrongful death benefits in one of two scenarios:- The claimant would be entitled to inherit the deceased’s property under the laws of intestate succession and there are no qualifying survivors who want to make a claim (see above).
- The claimant can show that they were financially dependent on the deceased person at the time of death. (For these purposes, “financially dependent” generally means that you depended on the deceased for at least 50% of your income.) If you were financially dependent, you may be able to make a wrongful death claim even if there are qualifying survivors.