WHO CAN FILE A WRONGFUL DEATH LAWSUIT IN CALIFORNIA?
Each year, more than 190,000 individuals in the U.S. lose their lives due to wrongful death incidents. Such tragedies often involve immense emotional distress and financial struggles. If the death occurred due to the legal negligence of another party, it is possible to file a wrongful death lawsuit to seek compensation for damages. However, it is crucial to determine who is eligible to file such a lawsuit in California. The eligibility to file a wrongful death lawsuit can vary by state, and in California, specific criteria determine who may initiate such a claim. In California, wrongful death claims can be filed by specific individuals who had a particular relationship with the deceased. The state has defined a hierarchy of eligible parties to ensure that those most affected by the loss are prioritized. Here’s an overview of who can file a wrongful death case in California: (Read the full text of California’s wrongful death statute, Cal. Civ. Proc. Code § 377.60-.62)WHO IS LIABLE AND WHO CAN SUE ACCORDING TO CALIFORNIA WRONGFUL DEATH LAW?
Wrongful acts can arise out in various situations, including medical malpractice or car accidents. Regardless of the circumstances, establishing liability under wrongful death law necessitates the plaintiff demonstrating that the defendant (with a greater likelihood than not) caused the wrongful death through negligence or deliberate harm. Additionally, it must be proven that surviving family members are enduring financial losses as a direct consequence of the wrongful death. There are specific individuals who are allowed to file a suit. The plaintiffs who can file a suit are listed below in order of priority:- Spouse of the Decedent: When a person is married or in a registered domestic partnership at the time of their death, their surviving spouse or partner will generally have the first right to file a wrongful death claim. However, the court may prevent the surviving spouse from pursuing the case if they are determined to be legally incompetent. Additionally, the surviving spouse has the option to voluntarily give up their priority to file the claim.
- Decedent’s Child or Children: If there is no surviving spouse, the children of the deceased person have the right to file a lawsuit for wrongful death. This includes biological children, fully adopted children, and stepchildren. In the case of minor children, the court will appoint a guardian to file and pursue the wrongful death claim on their behalf. If the children of the deceased person are also deceased, their grandchildren may file a lawsuit.
- Parents of the Decedent: Parents who can demonstrate they were financially dependent on the deceased person have the right to file a claim for wrongful death. Additionally, if the deceased person was unmarried with no children and under the age of 18, their surviving parents will have the priority to file a lawsuit for wrongful death.
- Minors in the Household: Minors who resided with the deceased person may have the right to seek compensation, even if they are not legally recognized as the deceased person’s children. However, these minors must have lived in the same household for a minimum of six months(180 days). Furthermore, they must have been dependent on the deceased person for care and have relied on them for at least 50% of their financial support.
- Other Heirs: If none of the family members mentioned above survive the deceased person, individuals who are eligible to inherit from the deceased under California’s intestate succession laws have the right to file a lawsuit for wrongful death. These individuals are ranked in order of priority, with parents (regardless of dependency) first, followed by siblings or children of deceased siblings, then grandparents, and finally children of any spouse who has passed away. Other heirs who would be entitled to the deceased person’s property through intestate succession may also have the right to file a wrongful death claim. This can include siblings, nieces, nephews, or other relatives, depending on the specific circumstances of the deceased’s family structure and financial dependence.
STATUTE OF LIMITATIONS ON WRONGFUL DEATH
If you suspect that your loved one’s death was caused by someone else’s negligence, it is recommended that you seek the advice of a California wrongful death attorney without delay. According to California’s statute of limitations on wrongful death, you must file a claim within two years of the victim’s death. Failure to file a claim within this period of time may result in the loss of your right to pursue financial compensation.HIRE THE BEST WRONGFUL DEATH ATTORNEY AT TABIBNIA LAW FIRM
Now that you are aware of the individuals who can file a wrongful death lawsuit, you will be better equipped to ensure that your case is handled appropriately. However, it is important to note that wrongful death cases can be highly complex. It may be beneficial to consider hiring a no win no fee wrongful death lawyer at Tabibnia Law firm to handle your lawsuit. A legal professional will negotiate on your behalf and, if required, represent you in court to ensure that you receive adequate compensation. If you believe you have a rightful claim or need more information about the process, contact Cyrus Tabibnia for a consultation to discuss your case and determine your eligibility to file a wrongful death claim. At Tabibnia Law Firm, Cyrus Tabibnia is dedicated to providing compassionate and effective legal representation. Let him help you navigate this challenging time and work towards securing the justice and compensation you deserve.
Cyrus Tabibnia
Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license "#237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeleswho can assist you in clearing your criminal record in the state of California.
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