Who Can File a Wrongful Death Lawsuit in California?

Coping with the loss of a loved one is one of the hardest experiences to go through, especially when that loss can be traced back to the actions of another. If you have found yourself in this position, a wrongful death case may be the best way to hold the negligent party accountable for their actions. However, the state of California only grants the right to file a wrongful death claim to certain individuals.

Currently, the first line of eligible wrongful death claimants comprises the following individuals:

  • Spouse or domestic partner of the deceased
  • Children of the deceased
  • Grandchildren of the deceased, if that child’s parents are also deceased

If there are no surviving direct descendants of the deceased, then the eligibility pool expands to include any individuals who have a legal claim to the deceased’s property via “intestate succession.” This simply means that the deceased’s property will be distributed to certain relatives in the absence of a last will and testament.

Individuals who may have a claim by intestate succession include the parents and siblings of the deceased.

The last category of eligible wrongful death claimants contains individuals who depended on the deceased for financial support, such as:

  • Stepchildren
  • Parents
  • Legal guardians
  • Putative spouses, or someone who mistakenly believed they were lawfully married to the deceased

If you have lost a loved one due to the negligence of another, the Law Office of Marshall Silberberg wants to help you navigate the wrongful death claims process. Our compassionate attorneys truly understand how heartbreaking it can be to suddenly lose someone you love. That’s why we will do everything within our power to hold the liable party accountable.

Call our Orange County law firm at (949) 565-4281 or contact us online for a free consultation.

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