Losing a loved one in an accident is a devastating experience, leaving families overwhelmed with grief and confusion. The emotional toll is immense, and the following financial burdens can be daunting. Understanding your legal rights and options is crucial during such a difficult time. One of the most important questions you might ask is: Who can file a wrongful death lawsuit in California?
At Gonzalez & Jones, APC, we understand the challenges families face after the sudden loss of a loved one. We are a boutique, family-owned law firm with over 40 years of experience. Our approach is personal, compassionate, and committed to helping you navigate the legal process while ensuring you receive the attention and care you deserve.
In this article, we will explore who is eligible to file a wrongful death lawsuit in California, how the process works, and why having a dedicated legal team by your side can make all the difference.
For further information or to schedule an appointment, please contact us online today or call us at (408) 848-2208.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought against a party whose negligent or intentional actions resulted in the death of another person. In California, the purpose of a wrongful death lawsuit is to provide compensation to the deceased’s surviving family members for the financial and emotional losses they have suffered.
But who can bring a wrongful death claim in California? Understanding eligibility is essential, as the law is specific about who can file such a lawsuit.
Who can bring a Wrongful Death Claim in California?
California law is clear about who can file a wrongful death lawsuit in California. Generally, the right to bring a wrongful death claim belongs to certain close relatives of the deceased. Here’s a breakdown of those who are eligible:
Surviving Spouse or Domestic Partner
The surviving spouse or registered domestic partner of the deceased has a primary right to file a wrongful death lawsuit in California. These individuals are preferred because of the legal and emotional significance of the marital or domestic partnership relationship.
A spouse or domestic partner is often the person most directly affected by the loss, as they not only lose their companion and confidant but also the financial and emotional support that the deceased provided.
Surviving Children
Surviving children of the deceased are also permitted to bring a wrongful death claim in California. The law recognizes that children suffer significant emotional and financial harm when they lose a parent, making them eligible to seek compensation through a wrongful death lawsuit.
Grandchildren
If the deceased has no surviving children, the right to file a wrongful death claim may pass down the family to their grandchildren.
Other Heirs
Other heirs may have the right to file a claim if none of the above relatives are available. These relatives include the following:
- Dependent of the decedent,
- Putative spouse,
- Children of the putative spouse,
- Stepchildren,
- Parents, or
- Legal guardian of the decedent if their parents are deceased,
In some cases, minors who were financially dependent on the deceased person may be eligible to file a wrongful death lawsuit. The minor must have received at least half of their financial support from the decedent and resided in the decedent’s household for the previous 180 days.
What Damages Can You Recover in a Wrongful Death Claim?
A wrongful death claim allows eligible family members to recover various damages. These damages aim to compensate for the financial and emotional impact of the death.
Economic damages include compensation for financial losses such as funeral and burial expenses and the loss of the deceased’s financial support.
Noneconomic damages compensate for the emotional suffering caused by the loss. These damages can include loss of companionship, love, care, guidance, and the emotional distress caused by the death.
Why Is Timing Important When Filing a Wrongful Death Lawsuit?
Understanding that those who can sue for wrongful death in California must act within a specific time frame is crucial. The statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of the deceased’s death. You may lose the right to seek compensation if you fail to file a lawsuit within this period.
Consulting with an experienced wrongful death attorney as soon as possible is essential to ensure your case is filed promptly and all legal options are explored.
Why Choose Gonzalez & Jones, APC?
At Gonzalez & Jones, APC, we know that dealing with the legal aspects of a wrongful death claim can be overwhelming, especially when you are grieving the loss of a loved one. We are here to help you through every step of the process, providing the legal guidance and support you need during this difficult time.
Our clients are not just case files to us. We know that they are individuals who deserve personal attention and care. Unlike larger firms where you might only interact with a case manager, at Gonzalez & Jones, APC, you will work directly with an experienced attorney who understands the complexities of wrongful death cases in California. We take the time to listen to your story, understand your needs, and develop a strategy tailored to your specific circumstances.
We prioritize building trust and maintaining open communication throughout your case. We are here to answer your questions, address your concerns, and advocate fiercely for you.
Taking the Next Steps
If you have lost a loved one in an accident and are wondering who can file a wrongful death suit in California, Gonzalez & Jones, APC, is here to help. We understand the pain and confusion that follows such a tragic loss, and we can help you seek the justice and compensation you deserve.
Don’t wait to take action. Contact us online or by calling (408) 848-2208 to schedule a free consultation. We will review the details of your case, explain your legal rights, and discuss the best course of action for moving forward.
Remember, you are not alone in this journey—Gonzalez & Jones, APC, is here to support you every step of the way. Together, we can work towards achieving the justice your family deserves.