It is difficult to cope with the loss of a loved one under any circumstances. If you have reason to suspect that someone else’s wrongful or careless act contributed to a family member’s death, however, it can be even harder to accept the loss and move forward. Depending on your relationship to the deceased individual, you may be able to pursue justice by filing an Orange County wrongful death claim.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action that can be brought in the civil justice system when an individual dies due to the wrongful act or neglect of another person. Neglect or negligence refers to the failure to act with the correct amount of care based on the circumstances, such as a motor vehicle driver texting while driving and causing a fatal car accident. A wrongful death claim seeks financial justice for affected individuals by holding one or more parties accountable for a deceased victim’s death. If the filing party (called the plaintiff) and their accident lawyer can prove that another person or party (known as the defendant) caused or significantly contributed to the decedent’s death, the defendant will be held liable, or financially responsible.
Who Can File a Wrongful Death Lawsuit in California?
Every state has unique wrongful death laws, including rules on who can file this type of claim. While some states only give this right to the representative or administrator of the decedent’s estate, California law permits family members to file (or the decedent’s personal representative on their behalf). California’s wrongful death law, Code of Civil Procedure §377.60, lists the individuals who have the legal right to file a claim.
The Decedent’s Surviving Spouse
A surviving spouse or registered domestic partner of the decedent has the right to file a wrongful death claim in the California courts. This is the primary party with the right to file. However, a spouse can waive the right of priority to allow someone else to file, if desired.
Children and Grandchildren
If the decedent has no surviving spouse, any surviving children of the decedent can file a wrongful death lawsuit. This includes biological children, stepchildren and adopted children. It also includes surviving grandchildren if the decedent’s children are deceased. If the surviving children are minors (under the age of 18), the courts will appoint a guardian to file on their behalf.
Dependent Minors
If other minors who are not the decedent’s legal children lived with the deceased person for at least six months prior to the victim’s death, these children may have the right to file a wrongful death claim. However, they must prove that they were dependent on the deceased for care and at least half of their financial support.
Those Entitled to Compensation Through Intestate Succession
If none of the family members listed above survived the deceased person, other individuals may be entitled to file a wrongful death claim based on California’s laws of intestate succession. These laws allow heirs, beneficiaries and next of kin to file. This may include a deceased person’s parents, stepparents, siblings, children of departed siblings and grandparents.
How to File a Wrongful Death Claim in California
If you are someone who is eligible to file a wrongful death claim under California law, start the legal process by consulting with an experienced wrongful death attorney. An attorney can take over the legal process for you, checking your eligibility and filing the paperwork to initiate a claim on your family’s behalf before California’s deadline. To find out if you are eligible to file a wrongful death lawsuit, contact Bridgford, Gleason & Artinian for a free legal consultation. Our lawyers have more than 75 years of combined experience representing individuals and families in California.