Who Can File a Wrongful Death Suit in California?

Posted By Mitchell Law Firm | Posted on: May 15, 2020

Posted In: Wrongful Death

Are you mourning the loss of a family member? Was his or her death due to another person’s negligent actions? If so, then you should consult with a San Francisco wrongful death lawyer. He or she can answer your most pressing questions. For example, you may wonder who can file a wrongful death suit? This is a common question that many people have after the death of a loved one. Under California Code of Civil Procedure 377.60, the following family members can file a wrongful death lawsuit:

• Surviving Spouse
• Domestic Partner
• Surviving Children
• Surviving Grandchildren (if the deceased person’s children are also deceased)
• Anyone else who qualifies as an heir under California intestacy laws

In addition, the State of California recognizes that other family members may have been financially dependent on the deceased. Thus, the following individuals could potentially file a wrongful death lawsuit.

• Parents of the deceased
• Stepchildren
• Putative Spouse

How to File a Wrongful Death Lawsuit in California

Now that you know who can file a wrongful death suit, it is also important to understand how to file one. For example, did you know that there is a time limit for filing a California wrongful death suit? You must file a wrongful death lawsuit within two years of the date of a person’s death. While there are exceptions, missing this deadline typically means your claim cannot proceed.

Due to the complex nature of wrongful death claims, contacting a San Francisco wrongful death lawyer is a smart choice. He or she will know the rules and regulations that a claimant must follow. Also, he or she can help you navigate the California legal system. Having an experienced attorney present your case gives you the best chance of receiving a positive outcome.

Contact a San Francisco Wrongful Death Lawyer

There are many situations that can result in the wrongful death of a family member. For example, surgical procedures in California are often complex. Accidents occur all the time. Unfortunately, many of these accidents result in the death of a patient. In this situation, a wrongful death lawsuit is likely warranted. A San Francisco wrongful death lawyer can tell you who is eligible to file a wrongful death suit. Contact Mitchell Leeds, LLP today at (415) 769-3400, or complete our online form. We offer a free consultation and have offices in San Francisco, Los Angeles and Fresno.