Only certain individuals have the legal right to file a wrongful death claim in California.
Primary Beneficiaries (First in Line to File a Claim)
The following individuals have the first right to file a wrongful death lawsuit:
- Spouse or Domestic Partner – A surviving husband, wife, or registered domestic partner can file a claim.
- Children of the Deceased – Biological and adopted children have the right to sue.
- Grandchildren – If the deceased’s child is also deceased, their grandchildren can file a claim.
If no spouse, domestic partner, or children exist, the lawsuit may be filed by other close relatives.
Secondary Beneficiaries (If No Immediate Family Exists)
If the deceased had no surviving spouse, partner, or children, then the right to sue goes to:
- Parents of the Deceased – If the deceased was unmarried and childless, parents can file a claim.
- Siblings of the Deceased – If there are no surviving parents, the deceased’s brothers or sisters may sue.
Other Financial Dependents Who May File
California also allows certain financial dependents to file a wrongful death lawsuit, even if they are not direct relatives. This includes:
- A “Putative Spouse” (Unmarried Partner) – If someone believed in good faith they were legally married to the deceased but were not, they may be able to file a claim.
- Stepchildren – If they were financially dependent on the deceased.
- Legal Guardians or Minors – If a minor lived in the deceased’s household for at least 180 days before the death and was financially supported by them.
Who Cannot File a Wrongful Death Claim?
The following individuals cannot file a wrongful death lawsuit in California:
- Boyfriends, girlfriends, or unregistered domestic partners (unless they were financially dependent).
- Distant relatives (cousins, aunts, uncles) unless they can prove financial dependence.
- Friends or co-workers of the deceased.
Common Causes of Wrongful Death Lawsuits
Wrongful death claims can arise from many situations where negligence or misconduct leads to a fatality. Common causes include:
1. Car Accidents and Truck Accidents
- Drunk driving (DUI)
- Reckless or distracted driving
- Defective vehicle parts or road hazards
2. Medical Malpractice
- Misdiagnosis or delayed diagnosis
- Surgical errors or anesthesia mistakes
- Medication errors
3. Workplace Accidents
- Construction site injuries
- Defective machinery accidents
- Lack of proper safety equipment
4. Defective Products
- Dangerous drugs or medical devices
- Defective car parts (brakes, airbags, etc.)
- Toxic household products
5. Criminal Acts
- Homicide or manslaughter
- Assault and battery
- Negligent security cases
In criminal cases, the defendant may face criminal charges, but the family can still file a separate wrongful death lawsuit to recover financial compensation.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
In California, wrongful death damages compensate the surviving family for financial and emotional losses.
Economic Damages (Financial Losses)
- Medical expenses (final medical bills before death)
- Funeral and burial costs
- Lost income (including future earnings the deceased would have provided)
- Loss of financial support (for dependents and spouses)
Non-Economic Damages (Emotional and Personal Losses)
- Loss of companionship (for spouses and domestic partners)
- Loss of parental guidance (for children)
- Emotional distress and pain and suffering
Punitive Damages (In Cases of Gross Negligence or Malice)
If the death was caused by extreme recklessness or intentional harm, the court may award punitive damages to punish the wrongdoer.
How Long Do You Have to File a Wrongful Death Lawsuit in California?
The statute of limitations for filing a wrongful death lawsuit in California is two years from the date of death.
Exceptions to the Two-Year Deadline:
- Medical malpractice cases: The deadline is three years from the injury date or one year from the discovery of malpractice, whichever is earlier. See also medical malpractice lawyer.
- Government claims: If the wrongful death involves a government entity (e.g., a car crash caused by a city bus), the deadline is six months to file a claim.
If the deadline passes, you may lose the right to seek compensation.
Steps to Take When Filing a Wrongful Death Claim
1. Gather Evidence
- Obtain a death certificate.
- Collect medical records, accident reports, and witness statements.
- Keep records of funeral expenses and financial losses.
2. Consult a Wrongful Death Attorney
- A lawyer can help determine eligibility to file a claim.
- San Diego wrongful death attorneys work on a contingency fee basis, meaning you only pay if you win.
3. File a Lawsuit Before the Deadline
- Your attorney will negotiate a settlement or take the case to court if necessary.
Notable Wrongful Death Settlements in California
- $10 Million Settlement – Family of a child killed in a pedestrian accident.
- $5.5 Million Settlement – Death of a patient due to surgical malpractice.
- $2.8 Million Verdict – Wrongful death caused by a workplace accident.
- $1.5 Million Settlement – Fatal dog attack resulting from an owner’s negligence.
Each case is unique, and the compensation amount depends on the circumstances surrounding the death.
Conclusion
In California, spouses, children, parents, and certain dependents have the legal right to file a wrongful death lawsuit when a loved one dies due to negligence, recklessness, or intentional harm. Compensation can cover funeral expenses, lost income, emotional suffering, and financial support. Because strict deadlines apply, it is essential to consult an experienced wrongful death attorney to protect your rights and maximize your compensation.
References
- California Code of Civil Procedure § 377.60. (2023). California wrongful death laws. Retrieved from https://leginfo.legislature.ca.gov
- California Department of Insurance. (2023). Wrongful death claims and insurance policies. Retrieved from https://www.insurance.ca.gov
- Centers for Disease Control and Prevention. (2023). Fatal injury and wrongful death statistics. Retrieved from https://www.cdc.gov
- San Diego Superior Court. (2023). Filing a wrongful death lawsuit in California. Retrieved from https://www.sdcourt.ca.gov
- California Bar Association. (2023). Legal guide to wrongful death claims in California. Retrieved from https://www.calbar.ca.gov
