When someone passes away due to the negligence of a separate party, it can allow the filing of a wrongful death claim under California law. While you may want to act fast and file a wrongful death claim when you lose a loved one in an accident, like a car crash or truck accident, it is important to know if you even have the right to do so.
In California, only certain parties can file a wrongful death claim. Also, when one of the legally valid parties does file a claim, any other parties with a legitimate claim to compensation might not be able to file a claim anymore. Instead, they would have to be named as plaintiffs in the preexisting claim already created by the first party to act.
People and parties who can file a wrongful death claim in California are:
- Spouse of decedent
- Domestic partner of decadent
- Children of decedent
When none of the aforementioned parties exist, or none want to file a wrongful death claim, the right is extended to anyone who could potentially inherit property from the decedent’s estate based on California estate distribution laws, or intestate succession. People who may become eligible to file a wrongful death claim, and therefore collect compensation from the liable party, are decedent’s parents, immediate siblings, and named, nonrelated dependents of the decedent. Furthermore, putative spouses and stepchildren could gain the right to file a wrongful death claim if they can show they were a financial dependent of the decedent, assuming this relationship was not already officially documented.
What is the Wrongful Death Statute of Limitations in California
Navigating the legalities of a wrongful death claim in California can be as confusing as it is upsetting. You deserve time to collect yourself and grieve, but you also cannot let too much time pass before taking legal action. California has a strict two-year statute of limitations on wrongful death claims. Do not let it expire.
Ready to File a Wrongful Death Claim? Let Us Help
Call (888) 387-4053 to connect with Habbas & Associates. Our San Jose wrongful death attorneys are known for both our impeccable legal talents and our genuine compassion when handling sensitive, high-stakes cases.
Use a free consultation to begin your case today.