California Wrongful Death Lawyers

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.

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.

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.