When someone is killed due to the negligent or wrongful acts of another person or party in California, state law permits a wrongful death claim to be filed. This type of lawsuit seeks justice and accountability for a preventable death in the form of financial compensation. In California, several immediate family members generally have the right to file a wrongful death lawsuit.
What Is a Wrongful Death?
According to California Code of Civil Procedure §377.60, “wrongful death” refers to a loss of life caused by the wrongful act or neglect of another person. In the wake of a wrongful death, a civil lawsuit may be filed by certain parties in pursuit of financial compensation to make surviving family members “whole again.”
Who Has the Right to File a Wrongful Death Lawsuit Under California Law?
California’s Wrongful Death Act lists certain surviving family members who are able to file a wrongful death claim. Typically, these individuals are closely related to and/or financially dependent upon the decedent (deceased person).
The following parties have the right to file:
- Surviving spouse
- Surviving domestic partner
- Surviving children
- Issue of deceased children
If they were financially dependent upon the decedent, these parties are also granted the right to pursue a wrongful death action:
- A putative spouse
- Children of a putative spouse
- Stepchildren
- Parents or legal guardians of the decedent
If none of these parties exist, anyone entitled to the decedent’s property by the laws of intestate succession (next of kin) may file. In the event that a person with the right to file is a minor, the court will appoint a guardian to file on their behalf.
Filing a Wrongful Death Claim in California
The Personal Representative
California law also allows a personal representative who is acting on behalf of the decedent to file a wrongful death claim. This person is sometimes referred to as the executor or administrator of the deceased person’s estate. The personal representative can file a claim on behalf of all eligible heirs to simplify the legal process.
Who Receives Compensation From a Wrongful Death Lawsuit?
If a wrongful death lawsuit in California results in a settlement or judgment award for the plaintiff, the amount recovered from the defendant will be divided among eligible parties. Damages awarded are generally not equally distributed. Instead, eligible parties or the courts will determine percentages for distribution based on the significance of each person’s loss.
All eligible heirs can receive a percentage of financial compensation from a wrongful death case. This typically includes a spouse, children, grandchildren, parents and siblings. The courts will examine each person’s level of financial dependence on the decedent and the closeness of their relationship when deciding settlement allocations.
Types of Compensation Available
Compensation awarded for a wrongful death claim in California aims to reimburse grieving family members for their economic and non-economic losses. Available damages may include funeral and burial costs, the loss of financial support and household services, and loss of companionship and love. The value of a wrongful death case can vary significantly based on the circumstances.
What Is the Statute of Limitations?
If you believe you have the right to file a wrongful death lawsuit in California, act quickly. Code of Civil Procedure §335.1 imposes a time limit of two years on a wrongful death claim, with the clock starting on the date of death. Although there are some exceptions to this rule, it is in your best interest to take legal action without delay to avoid missing any possible deadlines.
To find out if your claim has merit and who among your family could be involved in a wrongful death lawsuit, contact the Riverside wrongful death attorneys at Jacoby & Meyers for a free case review.