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

If your loved one was killed in a tragic accident, you might consider filing a wrongful death claim. These claims provide money to surviving family members of the deceased to pay for bills like burial costs, funeral expenses, medical bills, and more.

Making a wrongful death claim starts with your eligibility. Generally, if you are a close family member of the deceased, you have the right to make a claim.
Those eligible to file a wrongful death claim include:

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 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.

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.