By: Skinner Law Corp April 25, 2024

Who is Eligible to File a Wrongful Death Claim in California?

Immediate Family Members

A surviving spouse, child, or domestic partner has a direct connection to the deceased. They are considered “first in line” for eligibility to file a wrongful death claim.

Parents

If the deceased person’s parents were dependent on them for financial support, the parents could file a wrongful death claim. This often happens when the deceased was a caretaker for elderly parents.

Dependent Minors

Any dependent minors who lived in the deceased person’s home for at least 180 days before their death can file a claim. They must also have relied on the deceased for at least 50% of their financial support. Dependent minors do not have to be biologically related to the deceased.

Putative Spouse

A putative spouse is someone who believes they were married to the deceased. Even if the marriage is not technically valid, a putative spouse and any children from the relationship can file a wrongful death claim.

Stepchildren

Any stepchildren who were dependent on the deceased for financial support can file a claim.

If multiple people would like to file a claim, the person who is the closer family member takes priority. Pursuing a wrongful death claim is a complex process that is much easier with help from a wrongful death attorney. If you need assistance, contact our law firm today by calling 310-356-0074.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

In California, wrongful death claims and survival actions are closely related but serve different legal purposes. A wrongful death claim is filed by surviving family members—such as a spouse, child, or dependent—to recover damages for the personal and financial losses they’ve suffered due to their loved one’s death. These losses may include funeral expenses, loss of companionship, and lost financial support.

A survival action, on the other hand, is brought on behalf of the deceased person’s estate. It seeks compensation for damages the deceased could have recovered had they survived the incident, such as medical expenses, lost wages, or property damage that occurred before death. Essentially, wrongful death compensates the family, while a survival action compensates the estate for harm suffered before passing.

Because the eligibility, damages, and filing procedures differ, working with an experienced California wrongful death lawyer ensures both claims are handled correctly and that your family receives the maximum compensation available.

What Kind of Damages Can You Recover in a Wrongful Death Claim?

Surviving family members can seek damages for financial and general losses suffered because of the accident. Your specific damages will depend on the nature of your case and how your loved one passed.
Many families seek damages for the following:

Loss of financial support
Medical bills
Loss of gifts or benefits
Funeral and burial expenses
Loss of emotional and moral support

Seeking compensation won’t bring your loved one back. However, losing a family member can come with many unexpected expenses. Our law firm can help you seek justice and recover damages to ease your financial burden.

How Compensation Is Calculated in Wrongful Death Cases

Determining the value of a wrongful death case in California involves assessing both economic and non-economic damages. Economic damages are measurable financial losses such as medical bills, funeral costs, lost income, and the loss of future financial support the deceased would have provided. Courts and insurance companies often calculate these based on the deceased’s age, health, earning potential, and life expectancy.

Non-economic damages cover emotional and intangible losses like loss of companionship, emotional distress, and the loss of guidance or care. Because these damages cannot be assigned an exact dollar amount, attorneys often use comparable case data and expert testimony to demonstrate their impact.

California law does not cap wrongful death damages, but building a strong, evidence-based claim is crucial to securing a fair outcome. A skilled wrongful death attorney will collect documentation, consult financial experts, and advocate for the full value of your claim to help your family recover and rebuild.

What is the Statute of Limitations for a Wrongful Death Claim?

In California, the statute of limitations for wrongful death claims is two years from the date of your loved one’s death. Once the statute has expired, you and your family members will no longer be able to seek compensation in court. It is essential to work with a wrongful death lawyer immediately, as gathering evidence and filing a claim takes time.

There are some exceptions to the statute of limitations, although they are rare and may not be relevant to your case. For instance, a judge may pause the statute of limitations if the defendant attempts to flee to avoid being served. If you believe you qualify for an exception, contact us today for more information.

What Can a Wrongful Death Attorney Do for Your Case?

Losing a loved one is a devastating experience. It’s even more tragic when your loved one is killed due to someone else’s negligence or reckless behavior. Our wrongful death attorney will guide you through the legal claims process, gathering evidence to bolster your claim before filing your lawsuit in court.

Skinner Law Corp understands that pursuing a legal issue can be overwhelming, especially as you and your family grieve. We aim to handle your entire legal case from beginning to end so you can focus on each other while still getting the justice you deserve. If you have a wrongful death claim, please don’t hesitate to reach out. Call 310-356-0074 today for a consultation about your case.