Losing a loved one under circumstances caused by someone else’s negligence can be heartbreaking. Because there is no way to bring your loved one back, California civil courts are only left with the option of allowing aggrieved family members to file a Carlsbad wrongful death claim to seek financial compensation as a sense of justice and accountability. California law further limits the law, allowing only specific individuals to file or benefit from this type of legal claim. Only the following individuals are permitted to take this legal action:
Widow or Widower
The surviving spouse of the decedent is the first person listed in the California wrongful death statute who has the right to file a wrongful death lawsuit. They have the right of priority to file this type of legal action, but they can waive it if they choose to do so, allowing someone else to file the case.
Domestic Partner
The decedent’s domestic partner can file the wrongful death lawsuit if they were not legally married but were in a registered domestic partnership with the decedent.
Children or Grandchildren
If the decedent had children, those children have a right to receive part of the proceeds of a wrongful death lawsuit. If a child predeceases their parent, that child’s children take their place to inherit and receive the proceeds from a wrongful death lawsuit. If the children are minors, the court appoints a guardian to represent their interests.
Parents
If the decedent had no spouse or children, their parents could file the wrongful death claim. If the parents predeceased the decedent, the decedent’s legal guardians could file a wrongful death case as though they were the decedent’s parents.
Other Family Members
If there is no spouse or child, anyone else who has a right to inherit under California’s intestate succession rules could file a wrongful death case. This includes the following individuals in the following priority order:
- Siblings
- Nieces and nephews
- Grandparents
- Aunts and uncles
- Cousins
- Stepchildren
- Next of kin
- Parents of a deceased spouse
Dependent Relatives
Individuals who were dependent on the decedent can file a wrongful death claim in California even if they are not represented by any of the relationships described above. This includes the following relatives:
- Putative spouse
- Children of the putative spouse
- Stepchildren
- Parents
- Legal guardians of the decedent if the parents are deceased
Minors
Absent any other familial relationship, any minor who resided with the decedent for the previous six months before the decedent’s death and who was dependent on the decedent for one-half or more of their support can file a wrongful death claim in California.
Personal Representative
The personal representative of the decedent’s estate can file a wrongful death action on behalf of any of the people identified above. If the wrongful death attorney wins the case, the settlement or award is distributed to the eligible beneficiaries under California’s wrongful death statute.
Contact Our California Wrongful Death Lawyers Before It’s Too Late
California’s wrongful death statute only gives you two years to file this type of case. If you believe someone else’s negligence is to blame for your loved one’s death, call Miller & Steele Law Firm at (760) 840-5221 or contact us online to schedule a free consultation with a compassionate injury lawyer in Carlsbad.