Who can file a wrongful death lawsuit in California?

When someone dies, they leave big gaps in the lives of their family members. An unexpected loss will result in grief and social disruptions for their loved ones. The whole family may need to make changes to take over someone’s household responsibilities and contributions, like childcare or property maintenance.

There will also be lasting financial consequences. The family may suffer due to decreased household income or the loss of certain benefits, like excellent health insurance coverage provided through the deceased person’s employment.

Wrongful death lawsuits brought in accordance with California law allow surviving family members to ask for compensation related to their recent loss. Who has the right to file a wrongful death lawsuit in California?

The law allows for numerous different parties to file

Those with close family relationships to the deceased individual will have the strongest rights to file a wrongful death lawsuit under California law. Spouses, domestic partners, children and parents are among the family members who could initiate a lawsuit when they believe that an individual or business caused the death of their loved one through negligence or misconduct.

Sometimes, family members are not available to file a lawsuit or their mental state prevents them from taking legal action before the statute of limitations expires and ends their right to make a claim. The executor or personal representative of the deceased individual’s estate can also file a wrongful death claim and seek compensation on behalf of the surviving dependent family members.

Knowing who can file a wrongful death claim can help you decide if filing one is the right choice for your family.