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Home | Who may file a wrongful death claim in California?

Who may file a wrongful death claim in California?

by | Aug 20, 2020 | Wrongful Death

There is nothing quite as heartbreaking as losing someone you love due to the recklessness or carelessness of someone else. Wrongful deaths can upset a family’s entire life. Often, families are not sure what they can do to get justice for their loved ones. That is where a wrongful death claim comes into play.

A wrongful death claim allows certain surviving family members the opportunity to pursue justice and compensation for their loss. This is incredibly important because compensation can help families cover costs, such as:

  • Medical expenses
  • Funeral expenses
  • Lost income
  • Loss of support
  • Pain and suffering
  • Loss of companionship

Not only does this compensation help the family recover, but the court may also allow punitive damages. Punitive damages are designed to punish the person responsible for their acts or omissions and discourage others from behaving similarly.  


Who May File a Wrongful Death Claim in California?

Not all family members are legally eligible to file a wrongful claim. California’s Code of Civil Procedure 377.60 mandates that the following individuals may file a wrongful death claim in California:

  • Spouse
  • Domestic partner
  • Child
  • Grandchild
  • Minor children who rely on at least 50% support from the deceased
  • Individuals entitled to the deceased’s estate

California laws are specific in their guidelines for wrongful death claims. Family members must remember that there is a two-year statute of limitations on filing a wrongful death claim. After two years, families may be unable to take legal action against the person responsible for their loved one’s death.


Get Help with a California Wrongful Death Claim

If you have lost someone you love and are considering filing a wrongful death claim, talk to an attorney before you take legal action. At Guldjian & Fasel Accident Attorneys, we can help you build your case, protect your rights, and get justice for your loved one. For a free consultation of your wrongful death claim, call us at 855-854-1712.  

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