Understanding Wrongful Death Lawsuits
Each year, more than 190,000 people in the U.S. die due to wrongful death incidents. This can cause immense emotional distress and financial hardship to surviving family members. If the death was the result of another party’s legal fault, you could sue for wrongful death to recover damages.
However, the person filing the lawsuit must be qualified to do so. Here’s what you need to know about who can file a wrongful death lawsuit in California and the legal process involved.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by the immediate family members of the deceased against a person or entity liable for the death. This legal action aims to recover damages for the family’s loss, including funeral expenses, lost income, and emotional suffering. To file a successful claim, you must prove:
- Someone died.
- The death resulted from another party’s negligent or intentional actions.
- Survivors suffered damages due to the death.
- A representative for the deceased’s estate has been selected.
Who Can File a Wrongful Death Lawsuit in California?
Under Section 377.60 of the California Code of Civil Procedures, the following individuals are eligible to file a wrongful death lawsuit in California, listed in order of priority:
- Surviving Spouse or Domestic Partner:
- The primary right to file a wrongful death claim belongs to the surviving spouse or registered domestic partner. They must have been legally married or registered at the time of the deceased’s death. A putative spouse, who believed in good faith that the marriage was valid but was legally void, can also file a claim.
- Children:
- If there is no surviving spouse, the decedent’s children can file a lawsuit. This includes biological, adopted, and stepchildren. Grandchildren may file if their parent (the decedent’s child) is deceased.
- Dependent Minors:
- Minors who lived with the deceased and were financially dependent on them for at least half of their support for six months prior to the death can also seek compensation.
- Parents:
- If the decedent was unmarried with no children, the parents could file a claim, provided they were financially dependent on the deceased.
- Other Heirs:
- In the absence of the above family members, individuals entitled to inherit from the decedent according to California intestate succession laws can file a suit. This includes parents (irrespective of dependency), siblings, grandparents, and children of a predeceased spouse.
- Next of Kin:
- If none of the listed relatives are available, any of the victim’s next of kin may file a wrongful death suit.
- Personal Representative of the Deceased’s Estate:
- Multiple eligible claimants can have a personal representative of the decedent’s estate file a single action on behalf of all interested parties, simplifying the case and ensuring fair distribution of the settlement.
Statute of Limitations on Wrongful Death in California
The statute of limitations for wrongful death in California is a critical aspect to understand when considering filing a claim. Under California law, a wrongful death lawsuit must be filed within two years of the victim’s death.
This time limit is set to ensure that cases are brought to court while the evidence is still fresh and witnesses’ recollections are still accurate.
Benefits of the Statute of Limitations
The main benefit of the statute of limitations is to provide a clear timeline for filing a lawsuit, which helps ensure that the legal process is fair and efficient. It protects potential defendants from facing lawsuits many years after the incident, when evidence could be lost and memories fade.
For plaintiffs, it encourages timely action to seek justice and financial compensation for your loss.
Nuances and exceptions
While the two-year limit is standard, there are some nuances and exceptions to keep in mind:
- Discovery Rule: In certain cases, the statute of limitations may be extended if the cause of death was not immediately known. The clock begins to run when the cause of death is discovered or reasonably should have been discovered.
- Minors: If the plaintiff is a minor at the time of the decedent’s death, the statute of limitations may be postponed (paused) until the minor turns 18.
- Government Entities: If a wrongful death claim involves a government entity, a claim must be filed within six months of the death, with the possibility of a six-month extension if the claim is initially denied.
Importance of timely action
Failure to file a wrongful death lawsuit within the designated time frame can have serious consequences. Once the statute of limitations expires, you lose the legal right to sue for wrongful death, regardless of the strength of your case. This makes it imperative to consult a California wrongful death attorney as soon as possible after your loved one’s death.
Why You Need a Wrongful Death Attorney
Wrongful death claims are complex and require thorough investigation and evidence gathering. An experienced wrongful death attorney can navigate the legal process, negotiate with the other party, and represent you in court if necessary. At Silva Injury Law, our dedicated lawyers offer compassionate support and strategic legal representation to help you get justice for your loved one.
Compensation in a Wrongful Death Claim
A wrongful death claim can help ease the financial burden that family members face after the loss of a loved one. Compensation may cover funeral expenses, lost income, and emotional suffering. While no amount of money can bring back your loved one, securing financial support can help you rebuild your life.
Contact a California Wrongful Death Lawyer
If you believe your loved one’s death was due to someone else’s negligence, consult a California wrongful death attorney as soon as possible. At Silva Injury Law, we offer free consultations and work on a contingency basis, meaning we don’t get paid unless you do. Contact us today to discuss your case and ensure your rights are protected.
Conclusion
Filing a wrongful death lawsuit in California involves understanding who is eligible to file a claim and adhering to the statute of limitations. A qualified wrongful death attorney can provide the necessary legal support and representation to help you secure the compensation you deserve. Don’t hesitate to reach out for professional legal assistance during this challenging time.
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Please consult with a qualified attorney to discuss your specific case.
