When a loved one passes away due to the negligence or wrongful actions of another, surviving family members may feel a mix of grief, anger, and confusion. One way to seek justice and compensation for their loss is through a wrongful death claim. However, not everyone is eligible to file such a claim in California. Understanding who has the legal right to pursue a wrongful death claim is essential for those seeking to hold responsible parties accountable. Here’s a guide to help you understand who can file a wrongful death claim in California.

Primary Eligible Parties

In California, the law specifies who has the right to file a wrongful death claim. The primary individuals eligible to file are:

Surviving Spouse or Domestic Partner: The deceased person’s surviving spouse or registered domestic partner has the first right to file a wrongful death claim. This is to ensure that the closest and most dependent family member can seek compensation for their loss.

Children: The deceased person’s surviving children are also eligible to file a wrongful death claim. This includes both biological and legally adopted children.

Secondary Eligible Parties

If there is no surviving spouse, domestic partner, or children, other individuals who were financially dependent on the deceased may be eligible to file a wrongful death claim. These secondary parties include:

Parents: If the deceased person’s parents were financially dependent on them, they may have the right to file a wrongful death claim.

Stepchildren: Stepchildren who were financially dependent on the deceased person may also be eligible to file a wrongful death claim.

Putative Spouse and Children of the Putative Spouse: A putative spouse, who is someone who genuinely believed they were married to the deceased person, and their children can file a wrongful death claim if they were financially dependent on the deceased.

Legal Guardians: A legal guardian who can prove financial dependence on the deceased person may be eligible to file a wrongful death claim.

Heirs According to Intestate Succession Laws

In situations where there are no surviving family members in the primary or secondary categories, individuals who would be entitled to inherit from the deceased person under California’s intestate succession laws may have the right to file a wrongful death claim. This typically includes more distant relatives such as siblings, grandparents, and other extended family members.

Special Considerations

While the above categories cover most potential claimants, there are special considerations that can affect eligibility:

Minors: Minors can file a wrongful death claim through a legal guardian or representative. This ensures that their rights are protected, and they receive any compensation awarded.

Multiple Claimants: In cases where multiple eligible parties wish to file a wrongful death claim, they can do so jointly. The court will then determine how to divide any compensation among the claimants based on their relationship to the deceased and their level of dependence.

Conclusion

Filing a wrongful death claim in California requires a clear understanding of who is legally entitled to seek compensation. Primarily, the deceased person’s surviving spouse, domestic partner, and children have the right to file a claim. However, other financially dependent family members and those entitled under intestate succession laws may also be eligible. Navigating the complexities of wrongful death claims can be challenging, which is why seeking the guidance of an experienced wrongful death attorney is crucial. A personal injury attorney can help ensure that your family’s rights are protected and guide you through the legal process to seek the justice and compensation your loved one deserves.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.