Who Is Eligible To File A Wrongful Death Claim In California Thon Under california law, a ‘wrongful death’ claim arises “when one person dies as the result of the wrongful act or negligence of another person or entity.” unlike a criminal case for homicide, which is directed by the state and aims to punish criminals, a wrongful death claim is a civil lawsuit brought about by survivors of the deceased. A person’s right to file a wrongful death lawsuit in california depends on that person’s relationship to the deceased person. under the law in california, the following parties are authorized to bring a wrongful death claim: the deceased person’s surviving spouse; the deceased person’s surviving domestic partner.
Who Is Eligible To File A Wrongful Death Claim In California Thon In most california wrongful death cases, plaintiffs have two years from the date of the wrongful death to take legal action. in this state, families are entitled to file unjustified dying claims whenever reckless or negligent behavior is the cause of a family member’s death. The decedent’s surviving spouse. a surviving spouse or registered domestic partner of the decedent has the right to file a wrongful death claim in the california courts. this is the primary party with the right to file. however, a spouse can waive the right of priority to allow someone else to file, if desired. Code of civil procedure § 377.60 ccp is the primary california wrongful death statute. this section allows certain heirs to bring a lawsuit seeking damages. eligible parties include a deceased person’s: surviving spouse, domestic partner, or. children. the code section reads as follows: 337.60. a cause of action for the death of a person. Certain minors can bring a wrongful death lawsuit. they must meet the following criteria: they must have been dependent on the decedent for at least one half of their support. for example, suppose the 12 year old nephew of the decedent has lived with the decedent since the death of their parents four years ago.
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