In California, the right to file a wrongful death lawsuit is granted to specific family members and individuals who were financially dependent on the deceased. These include the surviving spouse, domestic partner, children, and, in some cases, parents, stepchildren, and other dependents. If no eligible family members file a claim, the personal representative of the deceased’s estate may bring a lawsuit on behalf of the estate.
At Ernst Law Group, we specialize in wrongful death cases and are here to guide you through this complex process. Keep reading for more from our skilled San Luis Obispo wrongful death lawyers. If you lost a loved one in an incident that wasn’t their fault, reach out to schedule your free consultation today.
Who can file a wrongful death lawsuit in California?
California law outlines who can file a wrongful death lawsuit. The following parties are eligible.
1. Immediate family members
The primary group with the right to file a wrongful death lawsuit includes the following family members:
- Surviving spouse or domestic partner – If the decedent was married or in a registered domestic partnership, the surviving spouse or partner has the primary right to file.
- Children – The deceased’s biological or legally adopted children may file a lawsuit. If the decedent’s children have also passed away, their children (the grandchildren) may have the right to file.
- Grandchildren – If the decedent’s children are also deceased, grandchildren can file the claim.
2. Parents
If the decedent was unmarried and had no children, the parents may file a wrongful death lawsuit. Parents who were financially dependent on the decedent can also seek compensation.
3. Other financial dependents
Individuals who were financially dependent on the deceased may be eligible to file a wrongful death lawsuit, including:
- Putative spouse – A putative spouse (someone who genuinely believed they were legally married to the decedent) may file a claim.
- Stepchildren – If stepchildren were financially dependent on the decedent, they may have the right to file.
- Minor children in the household – Any minor children who had lived in the decedent’s household for at least 180 days and were financially dependent on the decedent may also be eligible.
4. Personal representative of the estate
If none of the above parties file a wrongful death lawsuit, the personal representative of the decedent’s estate may bring the claim on behalf of the estate and its beneficiaries. The personal representative’s role is to ensure that any compensation awarded is distributed according to California probate laws.
Time limits for filing a wrongful death lawsuit in California
It’s important to file a wrongful death lawsuit within the time frame specified by California law. The statute of limitations requires that a wrongful death claim be filed within two years from the date of death. If you fail to file within this time frame, you may lose your right to seek compensation.
Certain factors may extend or shorten this period:
- In cases involving medical malpractice, you may have three years from the date of injury or one year from discovering the injury, whichever comes first.
- If the lawsuit is against a government entity, you must file a claim within six months.
How Ernst Law Group can help
At Ernst Law Group, we understand how overwhelming it can be to lose a loved one due to someone else’s negligence. Our experienced wrongful death attorneys are here to guide you through the legal process and help you recover the compensation your family deserves. We will:
- Investigate the circumstances of the death
- Collect evidence to prove negligence or misconduct
- Work with medical and financial experts to calculate the full extent of your damages
- Represent you in negotiations with insurance companies and, if necessary, in court
Contact Ernst Law Group for a free consultation
If you’re wondering who can file a wrongful death lawsuit in California, or if you need assistance with your wrongful death claim, contact Ernst Law Group today. We offer free consultations to help you understand your legal options and fight for the justice your family deserves.
