Who Can File a Personal Injury Wrongful Death Claim?
When a loved one dies due to the negligence or intentional actions of another person or entity, the grief can be compounded by the devastating financial and emotional strain on survivors. If this situation has happened to you and your family, know that California’s wrongful death law grants certain individuals the right to seek justice and compensation through a wrongful death lawsuit.
Who Is Eligible to File a Claim?
Under California’s Code of Civil Procedure §377.60, the following individuals may have the right to file a wrongful death claim:
- Surviving Spouse or Domestic Partner: The deceased person’s surviving spouse or domestic partner has the primary right to file a wrongful death lawsuit.
- Children: The deceased’s children and any children (grandchildren) may also file.
- Putative Spouse: In cases where an individual had a good faith belief they were legally married to the deceased person, even if the marriage was later ruled invalid, they may still be eligible to file
- Financial Dependents: Those who were financially dependent on the deceased, such as stepchildren, parents relying on the deceased for support, or a non-marital partner, might have standing to file the claim.
- Personal Representative: If none of the individuals above are available, the personal representative of the deceased person’s estate may file a wrongful death lawsuit on behalf of the surviving family members.
If you have lost a loved one due to another’s wrongful actions, it is crucial to understand your legal options. California’s wrongful death laws are complex, and the eligibility to file a claim depends on various factors. An experienced personal injury attorney in Orange County can help you and your family seek the justice and compensation you deserve.
California Wrongful Death Claims Statute of Limitations
The time limit for filing a wrongful death claim in California is generally two years from the date of the person’s death. However, there are certain exceptions to this rule that can shorten or lengthen the timeframe. For instance, if the negligence was not discovered immediately or the responsible party is a government entity, the statute of limitations may be different.
That is why it is absolutely vital to consult with Orange County, CA personal injury attorneys as soon as possible – even if your case may be outside of the statute of limitations, there could be nuances that apply to your case.
Filing a Wrongful Death Claim in California
The process of filing a wrongful death claim in California can be complex and emotionally draining. Generally, the process involves:
- Consultation With an Attorney: An experienced wrongful death lawyer will explain your legal options, assess the strength of your potential case, and advise you on the best course of action.
- Determining Eligibility: Your attorney will help you identify which surviving family members have the legal standing to file a claim and advise on how potential compensation would be distributed.
- Gathering Evidence: This crucial step involves collecting extensive documentation, which might include police reports, medical records, employment information (to establish lost income), expert witness statements, and evidence demonstrating the emotional impact of the loss.
- Filing the Lawsuit: Once the evidence has been gathered and assessed, your attorney will prepare and file the formal wrongful death lawsuit with the court, clearly outlining the allegations of negligence and the claimed damages.
Losing a loved one due to negligence or misconduct is a life-altering experience. At Dixon Law, APC, we are dedicated to providing exceptional legal services for victims of wrongful death in California. If you are searching for a personal injury attorney in Orange County, contact us today for a free consultation.
