Losing a loved one unexpectedly is heartbreaking, and when someone else’s negligence causes that loss, it can feel overwhelming. In California, wrongful death claims allow certain individuals to seek compensation for their emotional and financial losses. But who has the right to file such a claim? This is an important question to answer, especially when you’re facing the aftermath of a tragedy. In this blog, we’ll outline who can legally file a wrongful death claim in California and provide guidance on how to navigate this challenging legal process.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action filed by the surviving family members or dependents of an individual who died due to someone else’s negligence or intentional act. In California, a wrongful death claim allows those affected to seek compensation for both the emotional and financial losses resulting from the death of their loved one.
These claims typically arise from accidents such as car crashes, workplace injuries, or even criminal acts. The purpose of a wrongful death claim is to hold the responsible party accountable for their actions and to provide relief to the surviving family members who relied on the deceased for financial support, guidance, and companionship.
While no amount of money can replace a loved one, filing a wrongful death claim can help families find a sense of justice and security during a difficult time.
Who Is Eligible to File a Wrongful Death Claim?
In California, not everyone can file a wrongful death claim. The law designates specific individuals who are eligible to pursue compensation for the loss of a loved one. These eligible parties are typically close relatives who were financially or emotionally dependent on the deceased.
Here are the primary individuals eligible to file a wrongful death claim in California:
- Spouse or domestic partner: The surviving spouse or registered domestic partner of the deceased has the first right to file.
- Children: Biological and adopted children can also bring a wrongful death claim. If the deceased has no surviving children, other descendants, such as grandchildren, may be eligible.
- Other dependents: In some cases, individuals who were financially dependent on the deceased can file. These can include parents, stepchildren, putative spouses (those who believed in good faith they were legally married), and legal guardians or minors who lived with the deceased for at least 180 days before the death and were financially dependent.
If no close relatives or dependents are available, more distant relatives, such as siblings, may also be eligible to file. California’s wrongful death law is designed to ensure those most affected by the loss have an opportunity to seek compensation.
What Can Be Recovered in a Wrongful Death Claim?
In a wrongful death claim, surviving family members or dependents may recover both economic and non-economic damages. Economic damages address the financial impact of the loss, including compensation for the deceased’s lost wages and future earnings, which the family would have relied on. They can also seek reimbursement for funeral and burial expenses, as well as any medical bills incurred before the death.
Non-economic damages, on the other hand, cover the emotional and psychological effects of the loss, such as the loss of companionship, guidance, and emotional support. Pain and suffering, while harder to quantify, is also considered. However, unlike some states, California does not allow for punitive damages in wrongful death claims unless the deceased was killed as a result of a felony homicide.
How Long Do You Have to File a Claim?
In California, you typically have two years from the date of your loved one’s death to file a wrongful death claim. This time frame, known as the statute of limitations, is crucial, as missing the deadline may prevent you from seeking compensation. However, there are some exceptions that could affect this timeline. For example, if the wrongful death involved a government entity, the time to file may be significantly shorter, often as little as six months.
Contact an Experienced Walnut Creek Wrongful Death Attorney
At Casper, Meadows, Schwartz & Cook, we understand the emotional and financial toll a wrongful death can take on a family. Our experienced attorneys are dedicated to guiding you through the legal process and fighting for the compensation you deserve. We provide compassionate, personalized representation to help you navigate this difficult time. If you’ve lost a loved one due to negligence, contact us today for a free consultation to discuss your legal options and get the justice you need.