A wrongful death occurs when an individual dies as a result of someone else’s negligence or intentional actions. Such a tragic event not only leaves emotional scars but also brings financial burdens upon the deceased’s family members. Medical expenses, funeral costs and loss of income are just a few of the challenges that survivors face. At The Law Office of Scott Righthand, P.C., we understand the devastating impact a wrongful death can have on a family, and we are dedicated to helping you and your loved ones seek compensation for your loss.
In California, a wrongful death claim is a civil lawsuit brought by the survivors of a person who died due to the wrongful act or negligence of another individual or entity. This type of claim aims to compensate the survivors for their losses, which can include both economic and non-economic damages such as lost wages, medical bills and loss of companionship. It’s crucial to understand who is eligible to file such a claim to ensure that justice is served and appropriate compensation is received.
Under California law, the surviving spouse or domestic partner of the deceased is entitled to file a wrongful death claim. This includes legally married spouses and registered domestic partners. The loss of a life partner is emotionally devastating, and the financial implications can be equally severe. A successful wrongful death claim can help alleviate some of these financial pressures.
The children of the deceased also have the right to file a wrongful death claim. This includes biological children, adopted children and any offspring of deceased children (grandchildren). The law recognizes the significant loss experienced by children who lose a parent, and a wrongful death claim allows them to seek compensation for the emotional and financial support they would have received had their parent lived.
If the deceased individual did not have a surviving spouse, domestic partner or children, those who are considered intestate successors under California’s laws of intestate succession may file a wrongful death claim. Intestate successors typically include parents, siblings or other relatives who would inherit from the deceased if there were no will. This provision ensures that close family members who rely on the deceased are not left without recourse.
A putative spouse is someone who had a good faith belief that they were married to the deceased, even if their marriage was voidable. If the putative spouse can prove their belief and demonstrate the relationship, they may be eligible to file a wrongful death claim. This protection is in place to recognize and support relationships that function as marriages, despite legal technicalities.
The loss of a loved one due to someone else’s negligence or wrongdoing is a heart-wrenching experience. Understanding who can file a wrongful death claim ensures that those left behind receive the justice and compensation they deserve. Our legal team at The Law Office of Scott Righthand, P.C. is here to guide you every step of the way. Contact us today to schedule a consultation.