A wrongful death in California occurs when someone dies because of the misconduct, negligence, or wrongful actions of another individual or entity. This could stem from a variety of situations, such as car accidents, medical malpractice, or defective products.
California law imposes a statute of limitations on filing wrongful death claims. This means there’s a set period of time in which the survivors of the victim can bring a case to court. For most wrongful death cases, you have two years from the date of death to file a lawsuit (Cal. Civ. Proc. Code § 335.1 (2023)). Failing to meet this deadline can result in losing the right to seek compensation.
However, there are exceptions. For example, if the death was caused by medical malpractice, the clock might start ticking from the discovery of the malpractice, not the death itself. Whichever the case may be, do not hesitate to reach out to a wrongful death attorney in Sacramento to help you understand your options.
Who are the Survivors in a Wrongful Death Lawsuit?
California law is clear about who can file a wrongful death lawsuit. These are the individuals who have been directly impacted by the decedent’s death, whether emotionally or financially, and are entitled to seek compensation for their loss.
Here is the list of survivors who have the right to file a wrongful death suit:
Surviving Spouse, Domestic Partner, and Children
The first group of people who can file a wrongful death claim are the decedent’s surviving spouse or domestic partner and children. This group has the strongest and most direct legal claim, as they were the ones most directly affected by the loss.
If there are children, they can also file a claim, whether they are biological children or children of a deceased child.
Other Family Members
If there is no surviving spouse, domestic partner, or children, the right to file may extend to those who would inherit from the decedent under California’s laws of intestate succession.
This can include parents or siblings of the deceased. These individuals can still be deeply impacted by the loss, and California law allows them to seek compensation.
Financial Dependents
In addition to immediate family, certain financial dependents of the decedent can also file a claim. This could include people who relied on the deceased for financial support, such as:
- A putative spouse (someone who was in a relationship with the decedent but who mistakenly believed they were legally married)
- The children of a putative spouse
- Stepchildren
- Parents (if the decedent’s parents are deceased)
- Legal guardians of the decedent if their parents have also passed away.
The Difference Between a Wrongful Death Lawsuit and a Criminal Homicide Case
One common misconception is that a wrongful death lawsuit is the same as a criminal case for homicide. While both can arise from the same incident, they are distinct and separate legal actions.
In a criminal homicide case, the government (whether state or federal) prosecutes the defendant. The goal here is to punish the wrongdoer and ensure justice through penalties like prison time, fines, or probation. The prosecutor must prove the defendant’s guilt “beyond a reasonable doubt,” which is the highest standard of proof in law. This makes criminal cases quite challenging to win for the prosecution.
In contrast, a wrongful death lawsuit is a civil case brought by the surviving family members of the deceased (the plaintiffs). The primary aim is to seek financial compensation for the emotional and financial losses the survivors have suffered.
The standard of proof in a civil case is lower; the plaintiff must only prove by a “preponderance of the evidence” that it is more likely than not that the defendant’s actions caused the death.
This means the burden of proof is lighter in wrongful death lawsuits than in criminal trials, but that doesn’t make the case any less important for the survivors of the victim.