Before you think about filing a wrongful death lawsuit in California there are a few things you should know about the law pertaining to wrongful death claims in California. For additional information, contact our Oakland wrongful death attorneys.
What is a Wrongful Death Claim?
A wrongful death claim in California arises when an individual dies as a result of the negligent or wrongful act of another person or an entity. A wrongful death claim lawsuit can be filed by our Oakland wrongful death attorneys when certain criteria is met. It can filed with the proper court by the survivors of the person that died, or by the estate of the deceased person.
Who Can File a California Wrongful Death Lawsuit?
California law only allows certain individuals to bring a California wrongful death lawsuit. The California Civil Code allows the following parties to pursue a wrongful death action in California civil court:
- The surviving spouse of deceased person
- The surviving domestic partner of the deceased person
- The surviving children of deceased person
If the deceased person has no survivors in their line of descent, a California wrongful death lawsuit may be brought by anyone that would be entitled to the decedent’s property according California intestate succession law. This can include the parents of the deceased person or the even the siblings of the deceased person.
A California wrongful death lawsuit may be filed by the following individuals if they can show they were financially dependent on the decedent:
- The putative spouse and children of the putative spouse of the decedent
- The stepchildren of the decedent
- The parents of the decedent
Our Oakland Wrongful Death Attorneys
If you have recently suffered the loss of a loved one, you may be entitled to compensation if someone is to responsible for their untimely death. Although it may be an emotional time and difficult to think about, California law generally states that a wrongful death lawsuit must be filed within two years of the decedent’s death. Our Oakland wrongful death attorneys are here to guide you through the process. Contact us today at 415-966-2626 to schedule a no-cost consultation.