Who Can File a Wrongful Death Lawsuit in California?

Losing a loved one is one of the hardest experiences a family can endure, and when the loss is caused by someone else’s negligence or misconduct, the grief can feel even heavier. In these circumstances, California law allows certain family members and dependents to pursue a wrongful death lawsuit to seek justice and financial recovery. At Law Office of Cierra Esq, APC, we provide legal assistance to families in Ontario, California, who are navigating these difficult situations.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil claim brought against a person or entity whose negligent or intentional actions caused another’s death. The goal is to compensate surviving family members for the financial and emotional losses they suffer due to their loved one’s passing.

Who Is Eligible to File in California?

Under California law, the following individuals generally have the right to file a wrongful death lawsuit:

• Surviving spouse or domestic partner
• Children of the deceased
• Grandchildren (if the deceased person’s children are no longer living)
• Other dependents such as stepchildren, putative spouses, or parents who were financially supported by the deceased

If none of these individuals are available, others who may inherit under California’s intestate succession laws may also be eligible to bring a claim.

Types of Damages That May Be Recovered

Compensation in wrongful death cases can cover a wide range of losses, including:

• Funeral and burial expenses
• Loss of the deceased’s income and financial support
• Loss of household services
• Loss of companionship, love, and guidance

The Importance of Timely Action

California law places a time limit, known as the statute of limitations, on filing a wrongful death lawsuit. Typically, you have two years from the date of death to bring a claim. Missing this deadline can prevent your family from obtaining justice and compensation.

Seeking Guidance

Wrongful death cases are complex and emotionally challenging. Having legal support can help families understand their rights and pursue a path forward during such a painful time.

At Law Office of Cierra Esq, APC, we are committed to helping families in Ontario, California, seek justice and financial relief after the wrongful loss of a loved one.