Who Can File a Wrongful Death Lawsuit in California?

“Who can sue for wrongful death in California?”

If this is something that you have been searching for, then let me tell you one thing. You. Are. Not. Alone.

One of the most important aspects of getting redress for the wrongful death of one’s dear one is the ability to deduce who is qualified in California to file a wrongful death lawsuit.

In the state, generally, the next of kin like a living spouse, children, and grandchildren are the ones primarily qualified to bring such claims.

If the deceased person supported someone economically, then they are also eligible to file the claim. These might include legal dependents as well as other family members.

Considering the fact that these wrongful death statutes are extremely complex, it’s imperative for the affected families to find legal guidance after a fatal accident! Additionally, they should know their options and the risks of financial impact.

Hi. In today’s blog, I will be explaining some of the things that you need to know if you want to sue someone in a wrongful death lawsuit.

So, if that’s what you have been searching for, keep on reading till the end and thank me later…

Who Can Sue for Wrongful Death in California?

In California, the people or their personal representatives, as I have listed below, have the legal right to sue for wrongful death:

• The living husband or wife.
• The domestic partner.
• Children.
• Descendants of the deceased children.

If there are no children or descendants and no husband, the people who would inherit the property of the deceased by intestate succession can still file a wrongful death claim.

Surviving spouses, stepchildren, parents, and children who lived with the deceased and were dependent on them for at least 50% of their support are also eligible to seek compensation for the loss of life due to the wrongful act.

Eligibility to File a Wrongful Death Claim

Wrongful death lawsuits in California involve statutory mandates that regulate all aspects of who can legally submit a claim.

These rules define them as statutory beneficiaries and personal representatives that additionally include provisions for specific cases like putative spouses.

Recognizing these divisions is the key and goes a long way in knowing who the legal claimants are.

Who Is a Statutory Beneficiary in California?

Statutory beneficiaries constitute people who are clearly named by the law as the ones entitled to file a wrongful death lawsuit.

But who has the legal right to sue for wrongful death? In most cases in California, the husband, wife, or children of the deceased have the first chance to go to court.

In the event of unsuitability, the law expands the list of potential claimants like relatives in the issue of descendant’s children or more commonly, the next in line for the inheritance of the deceased’s property.

The aim of the legislation is to assist the immediate family to collect compensation. In this way, it can protect them from any further loss.

These are the people in the first line of claimants because their tie to the dead person is the most direct, be it monetary or emotional.

Consequently, all those in the above category should appreciate their legal position right from the beginning.

Understanding the Role of Personal Representatives

In some cases, personal representatives may file on behalf of the estate. These individuals are either named in the deceased’s will or appointed by the court.

They have the legal right to act on behalf of the estate to manage affairs. This includes legal claims like wrongful death cases.

The role of a personal representative becomes critical when statutory beneficiaries are not available or willing to come forward.

By representing the estate, they help ensure that there is still an avenue for seeking justice and compensation.

This makes understanding the legal rights and responsibilities of a personal representative crucial for the effective management of the deceased’s outstanding legal matters.

Special Cases: Putative Spouses and Domestic Partners

California recognizes unique situations involving putative spouses and domestic partners.

A putative spouse is someone who sincerely believes they were legally married, despite any disputes to the marriage’s validity.

This belief grants them rights parallel to those of a legal spouse in filing a wrongful death claim.

Domestic partners are also afforded similar rights under state law, acknowledging the legal union and shared life responsibilities.

This inclusion reflects California’s recognition of diverse familial structures, ensuring that those significantly affected by the deceased’s passing can participate in legal actions.

It is essential for putative spouses and domestic partners to be aware of their rights to engage in these proceedings and protect their interests.

Process and Considerations for Filing a Claim

The process of filing a wrongful death claim in California implies dealing with a lot of paperwork which is detailed and time-boundness is crucial and involves being really careful with the deadlines.

Some of the core elements of a claim include:

• Criteria for qualification.
• Kind of recovery that you can seek.
• Quality of evidence necessary.

However, there are other things that you need to keep in mind. These are as follows:

Statute of Limitations and Timely Filing

Now that you know who can sue for wrongful death in California, let me tell you something important!

According to the law in California if there is a claim of wrongful death it must be raised within a certain period of time. Usually, the statute of limitations is two years from the date of death.

It is very important to be very careful in following this timeline as anything other than the strictest adherence to the limitations period may result in losing the case entirely.

Instances which are very unique like not being aware of the cause of death after the two-year period would probably allow one to have some more time, but the process would be extraordinary indeed.

Types of Recoverable Damages

In wrongful death cases, damages are categorized into three major parts. These are:

• Economic damages.
• Non-economic damages.
• Potentially punitive damages.

Compensable irrespective of the type of death are the following:

• Medical bills.
• Funeral expenses.
• Loss of financial support.

Furthermore, the loss of companionship and emotional stress can also be the cause of non-economic recovery.

In cases where the courts of the state are one-fifth or less, the destruction of another person or intentional act is equal to a hangman’s job.

Thus, murder becomes a less serious mission. In other words, the intention to punish the real perpetrator no longer has a reason to let the latter go.

The Standard of Proof in Wrongful Death Cases

The burden of proof in a wrongful death claim is the preponderance of the evidence. The term means that the proof should be more than 50% in favor of the plaintiff that the accused’s conduct caused the death.

This rule is valid for different situations, like car accidents and medical malpractice. You can establish this in two specific ways. What are they?

They are:

• Proving negligence of the responsible party.
• Demonstrating the intention of causing harm.

Approaching a legal representative is usually required for persuading and demonstrating the case’s merits in the court of law.

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