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Losing a loved one is an immensely painful experience. It can be even more challenging, though, when your loved one’s death is the result of someone else’s negligence. Understanding who can file a wrongful death lawsuit is essential for those who want to seek justice and retrieve financial compensation for their unlawful loss.
Immediate family members, including spouses and children, generally have the highest level of eligibility in the wrongful death process. Depending on circumstances, however, extended family members, domestic partners, and financially dependent individuals may also be eligible to pursue a claim.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit may be applicable when someone dies due to negligence, recklessness, or intentional wrongful action of another person. This type of lawsuit is meant to provide monetary compensation to the deceased’s survivors. Compensation may include funeral expenses, loss of income, and loss of emotional support.
It’s important to note that wrongful death claims cover a wide range of events, such as automobile collisions, motorcycle accidents, big-rig truck crashes, and construction accidents.
Who Is Eligible to File a Wrongful Death Lawsuit?
In California, legal rights for wrongful death claims are guided by specific statutes that dictate who can file and the types of damages that may be pursued.
Immediate Family Members
Immediate family members, such as spouses and children, hold primary rights in filing wrongful death claims. These claims will often focus on financial and emotional damages.
Eligible Extended Family Members
When immediate family members are unavailable, extended family members may be eligible to pursue a wrongful death claim. This can include parents, siblings, grandparents, aunts, and uncles.
Domestic Partners and Cohabiting Partners
Domestic partners may claim damages similar to those of spouses, including loss of companionship and financial support. This provision ensures that non-married partners can seek justice and compensation for their loss.
Cohabiting partners may also have the right to pursue wrongful death claims if they can demonstrate a significant relationship with the deceased. This often requires proof of financial interdependence or a committed partnership.
Financially Dependent Individuals
Financially dependent individuals may also be eligible to file a wrongful death claim. This typically includes those who relied on the deceased for financial support, such as minor children or dependent adults.
Since a wrongful death claim focuses on the financial impact of the deceased’s absence, emphasizing the need for continued support, this provision ensures that dependents are not left without resources following their benefactor’s death.
Who Cannot File a Wrongful Death Lawsuit?
Distant Relatives and Non-Dependents
Distant relatives and non-dependents, such as cousins and other extended family members, are generally excluded from filing a wrongful death claim. There could be exceptions if they can demonstrate financial dependence or a significant relationship with the deceased.
When a Person Has No Legal Claim to the Estate
Individuals with no legal claim to the estate are similarly disqualified from filing wrongful death claims. Friends or acquaintances, for example, do not have a legal standing in these lawsuits, regardless of their emotional connection.
How Does the Wrongful Death Lawsuit Process Work in California?
Legal representation can help survivors articulate these claims effectively. Lawyers assess the impact on immediate family members, ensuring their rights and needs are fully addressed in the lawsuit.
Filing a Claim and Legal Deadlines
California’s wrongful death statutes provide a legal framework for pursuing these claims. These laws outline who can file, what damages are recoverable, and the timeline for taking legal action.
Eligible parties refer to anyone who can file a lawsuit. Recoverable damages include funeral costs, lost income, and emotional distress. The statute of limitations is typically two years from the date of death.
The Role of a California Wrongful Death Attorney
A wrongful death lawyer provides essential support in understanding the legal framework. They assist families by clarifying the process and ensuring that all legal requirements are met. They also help survivors establish the necessary evidence that proves negligence or misconduct, which is fundamental to securing a favorable outcome and maximizing a potential settlement.
Why You Need Legal Representation
Professional legal assistance dramatically increases the chances of filing a successful claim. Your wrongful death attorney will inform you of your rights, make sure legal deadlines are met, and ensure that all your paperwork is correctly filed.
Call NordstrandBlack PC in Santa Barbara for a Free Consultation
The experienced Santa Barbara wrongful death lawyers at NordstrandBlack PC can advise you on the best strategy for moving forward with your claim. Our personal injury law firm received an AV Preeminent Rating from Martindale-Hubbell, and we have a perfect 10.0 Avvo rating.
At NordstrandBlack PC, we take cases on a contingency basis—you won’t owe us anything unless we win your case. Call (805) 962-2022 to schedule a FREE consultation with one of our Santa Barbara attorneys today.