Who Can File a Wrongful Death Suit in California?

Losing a loved one is never easy, especially when their death could have been avoided. The pain can feel unbearable, and if the loss is due to someone else’s negligence or intentional actions, it may seem unjust. In California, wrongful death claims provide a way for surviving family members to seek justice and financial compensation for their loss. If you’re wondering who can file a wrongful death lawsuit in California, you’re not alone. Many people face uncertainty in this challenging time, but knowing your rights is the first step toward healing.

When someone dies as a result of someone else’s negligence or intentional wrongdoing, surviving family members may be able to hold the responsible party accountable. While no amount of compensation can replace a loved one, it can help cover expenses, lost income, and other financial impacts caused by the death. 

Read on to learn who can file a wrongful death claim in California and what steps you should take if you’re considering this legal action. For specific advice and guidance regarding your situation, reach out to a wrongful death lawyer near you for a free consultation.

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Primary Parties Who Can File a Wrongful Death Lawsuit in California

In California, the law prioritizes certain individuals who have the right to file a wrongful death claim. These include:

Surviving Spouse or Domestic Partner

The surviving spouse or domestic partner of the deceased typically has the right to file a wrongful death lawsuit in California. Domestic partners, under California law, have the same rights as spouses in terms of wrongful death claims. If you were married or in a domestic partnership at the time of your loved one’s death, you can pursue compensation for the loss.

Surviving Children

Children of the deceased also have the right to file a wrongful death suit. This includes biological children as well as adopted children. If the deceased had children, those children may seek compensation to cover losses related to their emotional distress, loss of care, and financial support.

Issue of Deceased Children (Grandchildren)

If the deceased had no surviving spouse or children, grandchildren (the issue of deceased children) may be able to file a wrongful death claim. In this case, the grandchildren can pursue damages, but they would need to prove that they were financially dependent on the deceased.

Putative Spouse and Children of Putative Spouse

In cases where the deceased was in a putative marriage—meaning a relationship where one party believed they were legally married, even though there was a legal issue preventing that—both the putative spouse and the children of the putative spouse can file a claim. However, this situation can be legally complex, and seeking the guidance of an attorney can help clarify your standing.

Secondary Eligible Parties

California law also allows certain individuals who are not directly related to the deceased to file a wrongful death suit under specific circumstances. These secondary parties include:

Parents of the Deceased (if no surviving spouse or children)

If the deceased did not leave behind a surviving spouse or children, the parents can file a wrongful death lawsuit. This is especially common in cases where the deceased was a young adult or a child. Parents can claim the loss of their child, even if they had not provided financial support.

Siblings (under Specific Circumstances)

Siblings of the deceased may be eligible to file a wrongful death claim if no other immediate family members (spouse, children, or parents) are alive. Siblings must prove they were financially dependent on the deceased or had a close, supportive relationship to be considered eligible under California law.

Financial Dependents

Anyone who was financially dependent on the deceased can file a wrongful death suit. For example, a longtime partner, even if not married, or a person who lived with the deceased for years and depended on them for financial support may have the right to file a claim. However, they would need to provide evidence of their financial dependence.

Minors Who Lived with the Deceased for 180 Days

In some cases, minors who lived with the deceased for at least 180 days immediately before their death may have the right to file a wrongful death lawsuit. These minors would need to demonstrate their relationship with the deceased and the support they received.

California’s “One Action Rule”

In California, wrongful death claims are governed by a unique legal principle known as the “One Action Rule.” This rule requires that all eligible parties join together in a single lawsuit to seek compensation for the loss of their loved one. It ensures the legal process is streamlined and prevents multiple lawsuits from the same incident.

What the One Action Rule Means

When someone files a wrongful death claim, every person with the legal right to pursue compensation must be included in the case. This does not mean everyone has to take an active role in the proceedings, but they must be given notice and an opportunity to participate. For example, if a surviving spouse initiates the claim, they must involve the decedent’s children, parents, or any other eligible parties.

This rule prevents the courts from becoming entangled in conflicting lawsuits and guarantees that all potential claimants have their interests considered during the case. Consolidating the claims also creates a fairer process for determining how damages are distributed among those affected.

How Eligible Parties Join a Wrongful Death Suit

Joining a single lawsuit requires careful coordination among eligible parties. If some family members are estranged or out of state, it can complicate the process. However, the person initiating the lawsuit must make a reasonable effort to notify all eligible parties. They can notify through legal counsel or direct communication, ensuring everyone has the opportunity to participate.

Exceptions to the One Action Rule

While the One Action Rule generally applies, there are rare exceptions. For instance, disputes over who has legal standing may delay or divide the case. In some situations, a court may separate claims if significant conflicts arise about the allocation of damages or other legal issues. However, these instances are rare, and California courts strive to uphold the principle of unified action.

Why Coordination Matters

Failing to include all eligible claimants in the wrongful death lawsuit can lead to serious consequences. If an omitted party later asserts their rights, the court could invalidate the original claim or impose penalties. Additionally, disputes between family members can cause unnecessary delays and reduce the potential recovery.

The One Action Rule highlights the need for collaboration and clear communication among family members after a tragic loss. A skilled wrongful death attorney can manage this process, ensuring everyone eligible to pursue compensation receives proper representation in the case.

Time Limitations

In California, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s death. This means that you must file your lawsuit within this period, or you risk losing your right to pursue compensation.

However, special circumstances can impact the statute of limitations. For example, if the wrongful death was caused by medical malpractice or an ongoing criminal investigation, the timeframe may be extended. Similarly, if you did not discover the cause of death until much later, the “discovery rule” might apply, allowing you to file after the two-year period. Your attorney can help assess the specifics of your case and ensure you don’t miss any critical deadlines.

Required Evidence of Standing

To prove your eligibility to file a wrongful death claim, you must provide certain documentation. This can include:

Proof of Relationship

Surviving family members must provide documentation proving their relationship to the deceased, such as marriage certificates, birth certificates, or adoption records.

Financial Dependency Proof

Individuals such as siblings, putative spouses, or financial dependents must show proof of dependency. This can include bank records, tax returns, or other evidence that shows how the deceased contributed to the claimant’s financial well-being.

Special Considerations for Putative Spouses

For putative spouses, proving that the relationship was entered in good faith and that the individual genuinely believed they were married may require additional documentation, such as testimony from witnesses or evidence of the couple’s life together.

Common Challenges in Wrongful Death Cases

Wrongful death cases are often emotionally charged and can come with several challenges. Some of the common obstacles include:

Disputed Relationships

Sometimes, the legitimacy of a family relationship is contested. Proving one’s standing can be difficult in cases involving estranged family members or complicated family dynamics.

Multiple Claims from Different Parties

Conflicting interests can arise when more than one person is eligible to file a wrongful death claim. In these cases, reaching a fair distribution of potential compensation may prove difficult.

Out-of-State Claimants

If a claimant resides outside of California, they may face additional hurdles in filing a claim. The court will need to determine jurisdiction, which may require more steps to handle a case involving an out-of-state party.

Estranged Family Members

Estranged family members may encounter difficulty in proving their emotional or financial dependency on the deceased. If they were not part of the deceased’s life at the time of death, they may struggle to gain legal standing.

Steps to Take After Losing a Close Family Member Due to Another Party’s Actions

If you’ve lost a loved one due to someone else’s negligence, the following steps can help you start the process of seeking justice:

1. Consult with an Attorney

The first step is to speak with an attorney who can guide you through the process. An attorney will help you understand your rights and determine whether you have legal standing to file a claim.

2. Gather Necessary Documentation

Collect documents that prove your relationship with the deceased, such as birth certificates, marriage certificates, or adoption records. If you’re a financial dependent, gather evidence such as tax returns, pay stubs, or bank statements.

3. Initial Filing Procedures

Your attorney will help you file the necessary paperwork with the court. This includes submitting the wrongful death claim, providing all required evidence, and filing within the statute of limitations.

4. Notify Other Potential Claimants

If there are other potential claimants, your attorney will notify them and ensure that all eligible individuals are included in the lawsuit.

Contact Our Wrongful Death Lawyers for Help

If you’ve lost a loved one due to another party’s actions, the Wilshire Law Firm is here to help. Our experienced attorneys understand the pain you’re going through and are committed to seeking justice on your behalf. We’ll guide you through the legal process, ensuring you receive the compensation you deserve for your loss. 

Having served injured clients throughout California since 2007, we have the skills and resources necessary to handle your case effectively. We’ve earned a stellar reputation for delivering top-tier legal representation that gets results.

Contact us today for a free consultation. We’re here to help you understand your rights and take the next steps toward justice for your family.

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