Who Can Sue For Wrongful Death?

• Posted on: June 27, 2023

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The wrongful death laws in California allow certain family members to file a wrongful death claim to obtain compensation when a person’s or entity’s actions lead to the death of a loved one. You may be entitled to compensation in a wrongful death action whether the death was because of negligence, such as running a stop sign, or malice, as with a murder. Speak to our Oakland wrongful death attorney at Bracamontes & Vlasak for more information about the state’s wrongful death laws and your case.

What Is A Wrongful Death?

A California wrongful death claim can arise from many situations, including motor vehicle accidents, medical malpractice, workplace accidents, criminal activity, and more. To receive compensation in a lawsuit, you must prove the following:

• A person died
• The death was due to someone else’s negligence or desire to cause harm
• The surviving family suffered financial losses because of the death
• There is a personal representative for the deceased’s estate that has been appointed

Note that proving wrongful death only requires showing a ‘preponderance of the evidence’ to prove liability. This is a lower standard than needed to obtain a guilty verdict in a criminal case, which is ‘beyond a reasonable doubt.’

Who May Sue For Wrongful Death In California?

CCP 377.60 (a) in California states that the following parties may sue for wrongful death:

• The deceased’s surviving spouse or domestic partner, and the issue of deceased children. If there is no surviving issue of the deceased, the persons – such as the surviving domestic partner or spouse – can receive the deceased’s property according to intestate succession. Intestate succession means a person who is authorized by the law to inherit the deceased’s property if the person died without a will.
• The putative spouse, his or her children, stepchildren, or parents, if they were dependent on the deceased. According to the statute, ‘putative spouse’ means a surviving spouse of a marriage determined by the court to have thought in good faith it was a valid marriage.
• A minor, if, when the deceased died, he or she resided for the previous six months in the deceased’s household and was a dependent for 50% or more of the minor’s financial support.

What Are The Available Damages In A California Wrongful Death Lawsuit?

If you are eligible to file a wrongful death lawsuit in California and receive a settlement or favorable verdict, you may be entitled to some or all of the following:

• Medical expenses to care for the deceased before their death
• Funeral and burial expenses
• The amount of money the decedent would have earned if they had not died
• Loss of financial support for the family members who survived
• Loss of affection and companionship for the surviving family members

How Long Do You Have To File A California Wrongful Death Claim?

You have only two years from the death to file a wrongful death lawsuit in California. If the case is not filed in the appropriate court at that time, the family usually loses the right to file a lawsuit.

Contact Our Oakland Wrongful Death Attorney Today

If you lose a loved one in an accident because of someone’s negligence, the wrongful death laws in California protect you. You may be entitled to compensation for your terrible loss, so please contact our Oakland wrongful death attorney at Bracamontes & Vlasak, P.C., today at (415) 835-6777.