In a wrongful death claim, the victim’s family must prove that the defendant directly caused the death of their loved one. Although no legal action can bring a family member back, filing a lawsuit with a Los Angeles wrongful death lawyer may provide a sense of justice for the tragedy caused by the defendant.
Wrongful death lawsuits must be filed within the statute of limitations, typically two years from the date of the death. Plaintiffs must present compelling evidence to establish negligence or wrongful conduct.
Additionally, only certain individuals with legally recognized ties to the victim can file the lawsuit. In this article, our Los Angeles wrongful death attorneys explain who is eligible to file a wrongful death lawsuit in California.
Can You File a Wrongful Death Lawsuit in California?
If you have been affected by the death of a close loved one, you may feel compelled to file a wrongful death lawsuit to honor the deceased and hold the responsible party accountable for their actions. California law specifies who is eligible to file a wrongful death claim, listed below in order of legal priority.
1. Surviving Spouse or Domestic Partner
The surviving spouse or registered domestic partner of the deceased has one of the strongest legal standings to file a wrongful death lawsuit. This includes those who were legally married or in a registered domestic partnership at the time of the victim’s death. California law considers them immediate family members and primary claimants.
2. Surviving Children, Grandchildren, or Great-Grandchildren
Biological or legally adopted children of the deceased are also considered primary claimants, regardless of their age. If the children of the deceased are no longer living, surviving grandchildren may pursue the claim. Great-grandchildren may only become eligible if all closer relatives are deceased or if they can demonstrate financial reliance on the deceased.
3. Financial Dependents
If no immediate family members are available to pursue a wrongful death claim, certain individuals who were financially dependent on the deceased may file the lawsuit. These secondary claimants include stepchildren, parents, and putative spouses (people who believed they were legally married to the deceased despite legal issues). Claimants must prove evidence of financial dependence to establish legal standing.
4. Estate Representatives
If no family members come forward, the personal representative of the estate of the deceased can file a wrongful death lawsuit on behalf of the estate. Any compensation awarded goes to the estate and is distributed according to California probate law.
Schedule a Free Consultation With the Best Wrongful Death Attorneys (Los Angeles)
John J. Perlstein is considered one of the best wrongful death law attorneys (Los Angeles) and has over 25 years of experience securing fair and just outcomes in personal injury cases and wrongful death cases. He will ensure accurate compensation for victims’ families.
Reach us at (213) 583-5786. Or, fill out the form on our website to schedule a free consultation with a Los Angeles wrongful death lawyer. This consultation will provide you with an opportunity to tell us the details of your case and let us determine how we can help you compile sufficient evidence to get the justice you deserve on behalf of your loved one.