Who Can File a Wrongful Death Lawsuit in California?
- Immediate family members have the highest priority in filing a wrongful death lawsuit in California.
- This group includes the decedent’s surviving spouse or domestic partner, their children, and possibly grandchildren, as well as the decedent’s parents or legal guardians.
- Individuals with inheritance rights may also be eligible to file a wrongful death lawsuit.
- Others include financial dependents like a putative spouse, stepchildren, and minors depended on them for support.
- In some cases, the wrongful death lawsuit may be filed by the decedent’s personal representative.
California law provides surviving loved ones with an avenue toward justice and accountability when they lose someone to a wrongful death caused by another person’s carelessness or cruelty. However, it is not available to all family members. The California wrongful death lawyers at Cutter Law can help you understand your legal rights and options in a free consultation. Schedule yours today.
Quicklinks
- Who Can File a Wrongful Death Lawsuit in California?
- Individuals Who Can File a Wrongful Death Lawsuit in California
- Is There a Time Limit for Filing a Wrongful Death Claim in California?
- What Is Required to File a Wrongful Death Claim in California?
- What Happens After I File a Wrongful Death Claim?
- Contact Cutter Law Today to Learn More
Who Can File a Wrongful Death Lawsuit in California?
As the name suggests, a wrongful death occurs when a person dies due to the “wrongful act or neglect” of another. Of course, no amount of money could ever make up for the loss of someone we love. However, when such a death occurs, the law provides an avenue for certain surviving family members to secure justice, accountability, and compensation by filing a wrongful death lawsuit.
To ensure you understand your full legal rights and options after losing someone to a wrongful death, it is very helpful to consult with an experienced attorney. The compassionate and knowledgeable legal team at Cutter Law is here to help. Contact us today to schedule a consultation at no cost to you.
Individuals Who Can File a Wrongful Death Lawsuit in California
Your right to file or receive compensation from a wrongful death lawsuit will depend on your relationship with the decedent. It will also depend on whether there are any other individuals whose rights are legally prioritized over yours.
An attorney at Cutter Law can help you navigate the significant complexities in this area of law. The remainder of this section provides a brief overview of the individuals who may be able to file a wrongful death lawsuit in California.
Immediate Family
Immediate family members are first in line to file a wrongful death lawsuit in California. They include the decedent’s surviving spouse or domestic partner, as well as their surviving children. Further, if the person killed had a child who died before them, that child’s surviving children (i.e., the decedent’s grandchildren) could also file a wrongful death lawsuit. Finally, the decedent’s parents or legal guardians might also be eligible.
Individuals with Inheritance Rights
Anyone who would be entitled to receive a portion of the decedent’s estate through intestate succession may also be eligible to file a wrongful death lawsuit. Intestate succession refers to inheritance in the absence of a will. That is, when someone dies without a valid will, California intestate succession laws kick in to determine who will inherit their estate.
Determining how intestate succession laws apply to a case can become very complex depending on the circumstances of each family. To ensure your rights are protected (and that you do not violate anyone else’s), it is wise to consult with an experienced attorney with a solid understanding of wrongful death laws, as well as the law of wills and estates. Cutter Law can help.
Financial Dependents
This category is diverse. For example, so long as they were dependent on the decedent, it may include “the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.” To clarify, a “putative spouse” is someone whose marriage to the decedent was void even though they believed in good faith that the marriage was valid. Further, this category may also include a “minor [who] resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.”
Decedent’s Personal Representative
Finally, it may be that the decedent’s personal representative is ultimately the person who files a wrongful death lawsuit on behalf of other eligible plaintiffs. A personal representative is someone appointed in either the decedent’s will or by a court in the absence of a will to handle the decedent’s estate upon their death.
Is There a Time Limit for Filing a Wrongful Death Claim in California?
Yes. If you have grounds to file a wrongful death claim, you must act quickly. In most cases, the statute of limitations in California gives two years to file a wrongful death case. The countdown starts on the decedent’s date of death.
However, some case types have different timelines. For example, if you are filing a claim against a government agency, you must do so within six months of the decedent’s passing. By contrast, if they died due to medical malpractice, the statute of limitations extends the deadline to (1) three years from the date of death or (2) one year from the date you could have reasonably discovered that their death was caused by medical negligence, whichever comes first.
No matter which timeline governs your case, it is essential that you comply. Subject to very few exceptions, missing these strictly enforced filing deadlines usually results in your case being dismissed in court.
What Is Required to File a Wrongful Death Claim in California?
If you fall within the categories discussed above and do not miss the correct filing deadline, the eligibility requirements for filing a wrongful death lawsuit are fairly straightforward. The law simply requires that someone close to you have been killed due to the “wrongful act or neglect” of another.
As in all civil cases, plaintiffs must prove their case by a preponderance of the evidence. In other words, they must prove that the defendant was more likely than not responsible for the death of their loved one.
Ultimately, the necessary evidence will vary widely depending on the circumstances of your case. It may include medical treatment records, police reports, forensic records, and more. At Cutter Law, we have the skills, experience, and resources needed to thoroughly investigate your loved one’s death and gather all available evidence to build a strong case on your behalf.
What Happens After I File a Wrongful Death Claim?
At Cutter Law, we understand that each case is unique. We strive to provide personalized legal representation tailored to the circumstances and challenges our clients face. That said, it is possible to make a few generalizations.
For example, as in most personal injury cases, including many involving wrongful death, insurance companies are likely to come into play. If they do, your attorney will demand that they compensate you. Chances are the insurer will then push back, either by diminishing the value of your claim or denying it altogether.
If a fair out-of-court settlement cannot be reached through negotiation, your attorney will discuss with you the possibility of taking your case to court. Though this can significantly extend the timeline of your case, it is often necessary and well worth it, as the amount awarded by juries often far exceeds the amount you could secure through negotiation. Further, the threat of litigation can provide the necessary leverage to force insurers to negotiate fairly.
Again, however, these are just a few of the many possible turns your claim may take. Describing the finer details requires a closer look at the specifics of your case. The skilled wrongful death lawyers at Cutter Law are here to address your questions and concerns in a free consultation.
Contact Cutter Law Today to Learn More
If you have lost a loved one to a wrongful death, we extend our sincere condolences to you and your family. We understand how painful it can be to lose someone we love, especially when caused by another person’s carelessness or cruelty. Time after time, wrongful deaths are consistently some of the most heartbreaking cases we handle in our personal injury practice.
We would like for you to know that you do not have to handle the legal aftermath of a wrongful death alone. While you tend to your family, let us help by handling your wrongful death lawsuit. Our firm boasts over a century of combined legal experience, and you can count on us to handle your case with utmost care.
There is no charge to have your case reviewed by one of our experienced California wrongful death attorneys. Contact us today to schedule your free, no-obligation consultation.
