Losing a loved one is devastating, especially when their death results from negligence or intentional harm. While no amount of compensation can bring them back, California law allows certain family members to seek justice and financial relief through a wrongful death lawsuit. Understanding who qualifies to file a wrongful death claim is the first step in navigating this difficult legal process.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the surviving family members of someone who has died due to another party’s negligence or misconduct. The goal is to recover damages for financial losses, emotional suffering, and other hardships caused by the death. Eligible claimants must prove that the defendant’s actions directly led to their loved one’s passing.
Who Is Eligible to File a Wrongful Death Claim in California?
Under California law, only specific individuals can file a wrongful death lawsuit. These primary and secondary claimants are outlined below.
Primary Eligible Parties
Surviving Spouse or Domestic Partner
The deceased’s legal spouse or registered domestic partner has the primary right to file a wrongful death claim. This includes domestic partners who were legally recognized under California law.Surviving Children
Biological and adopted children of the deceased can file a claim to seek compensation for the loss of care, companionship, and financial support.Grandchildren (If Their Parent Is Deceased)
If the deceased’s children are no longer living, their grandchildren may step in as claimants, provided they can demonstrate financial dependence on the deceased.Putative Spouse and Their Children
A putative spouse—someone who believed in good faith that they were legally married to the deceased—along with their children, may also qualify to file a claim under specific circumstances.
Secondary Eligible Parties
If there are no primary claimants, other individuals may file a wrongful death lawsuit, including:
Parents of the Deceased
If the deceased had no surviving spouse or children, their parents may be eligible to seek damages for emotional and financial loss.Siblings (Under Certain Conditions)
If no direct heirs exist, siblings may be able to file a claim, especially if they were financially dependent on the deceased.Financial Dependents
Non-family members who can prove financial dependence on the deceased may have standing in a wrongful death lawsuit. This includes long-term partners or individuals receiving financial support from the deceased.Minors in the Household
A minor who lived with the deceased for at least 180 days prior to their passing and relied on them for at least half of their financial support may be eligible to file a claim.
Understanding California’s “One Action Rule”
California follows the “One Action Rule,” meaning all eligible parties must join together in a single wrongful death lawsuit. This rule prevents multiple lawsuits stemming from the same death and ensures fair compensation distribution among claimants.
What Happens if a Claimant Is Left Out?
Failure to include an eligible party can lead to legal complications. The omitted individual may later assert their rights, potentially invalidating or delaying the case. Working with an experienced wrongful death attorney can help ensure compliance with this rule and a smoother legal process.
Time Limitations for Filing a Wrongful Death Claim
California law imposes a strict two-year statute of limitations for wrongful death lawsuits. This means a claim must be filed within two years of the deceased’s passing. However, exceptions may apply, such as:
Medical malpractice cases – A different timeline may apply based on discovery of the cause of death.
Criminal investigations – If a criminal case is ongoing, the civil lawsuit may have an extended filing period.
Discovery rule – If the cause of death was not immediately known, the statute of limitations may start from the date of discovery.
Proving Eligibility to File a Claim
Claimants must provide evidence to establish their legal right to file a wrongful death lawsuit. Key documents may include:
Proof of relationship – Marriage certificates, birth certificates, or adoption records.
Financial dependency documentation – Tax returns, pay stubs, or bank records showing financial reliance on the deceased.
Testimony from witnesses – Statements that support the nature of the claimant’s relationship with the deceased.
Common Challenges in Wrongful Death Cases
Wrongful death claims can be legally complex and emotionally charged. Some of the most common challenges include:
Disputed Relationships
If multiple parties claim the right to file, disputes over standing can arise.Multiple Claims from Different Parties
Coordination among eligible claimants can be difficult, especially if family members are estranged.Out-of-State Claimants
If an eligible claimant lives outside California, jurisdictional issues may complicate the process.Proving Negligence
The burden of proof is on the claimant to demonstrate that the defendant’s actions directly led to the wrongful death.
Steps to Take After Losing a Loved One to Wrongful Death
If you believe your loved one’s death was caused by negligence or misconduct, take the following steps:
Consult a Wrongful Death Attorney
An experienced lawyer can help you understand your rights and navigate the legal process.Gather Documentation
Collect medical records, financial documents, and proof of your relationship to the deceased.File Within the Statute of Limitations
Ensure your claim is filed before the deadline to avoid losing your right to compensation.Communicate with Other Eligible Claimants
Notify all eligible family members to ensure compliance with the “One Action Rule.”
Contact a California Wrongful Death Lawyer Today
If you’ve lost a loved one due to negligence, you don’t have to go through this alone. The legal team at Guerrero Law Firm is here to help you fight for justice and the compensation you deserve. Our experienced attorneys have successfully represented families throughout California, ensuring they receive the financial relief they need to move forward.
Call us today for a free consultation and let us help you take the next step toward justice.