7 Types of Plaintiffs in California Wrongful Death Lawsuits

Knowing who can file a wrongful death claim after the death of a loved one is important. In the majority of cases, immediate family members of the decedent (the individual who died) are the first to be eligible to file such a claim. But other types of individuals may also be entitled to file wrongful death lawsuits.

Let’s take a look at seven types of California wrongful death claim plaintiffs in the sections below.

7 Types of Wrongful Death Plaintiffs in California Civil Claims

1. A Surviving Spouse: If the deceased individual was legally married at the time of the accident, his or her surviving spouse (or domestic partner) would be considered by the court as someone who has the right to bring a claim for wrongful death. However, the court may deny the right of the surviving spouse to pursue the case if the court determines that they are not legally competent. A party can also waive their “right of priority” under California law.
2. A Surviving Child (or Children): In instances where there is no surviving spouse, the surviving child or children may be eligible to file a wrongful death claim. Such eligible claimants can include biological children, fully-adopted children, and stepchildren. If the surviving children are minors at the time of the tragic accident or incident, the court will appoint a guardian to file and pursue a wrongful death claim on their behalf. Additionally, it’s important to note that grandchildren may also be eligible to file a suit if the decedent’s children are deceased.
3. Dependent Minors: If you are a minor who lived in the household of the deceased and are also considered a dependent, you may be eligible to file a wrongful death claim for compensation. In order to be eligible, you must have lived in the household for at least six months before the time of death. Additionally, as a dependent, you must have relied on the deceased for at least half of your financial support.
4. Parents of the Deceased: If you are a parent who was financially dependent on a now-deceased child who died tragically in an incident that involved negligence or carelessness, you may be eligible to bring a wrongful death claim for financial compensation. Additionally, in cases where the deceased is a minor or unmarried and without any dependent children, the right of priority to pursue a wrongful death civil claim will automatically pass to the surviving parents.
5. Various Heirs: Under California’s intestate succession laws, in cases where none of the above family members or dependents survived the deceased, certain heirs may be eligible to inherit from the victim and therefore eligible to file a wrongful death claim. The priority for such heirs typically begins with surviving parents, then moves to siblings or children of departed siblings, grandparents, and children of a spouse who has passed away.
6. A Personal Representative from the Decedent’s Estate: In cases where numerous plaintiffs are eligible to bring wrongful death claims, more than one attorney may be involved. Accordingly, to prevent any conflicts of interest, claimants can choose to appoint a personal representative of the decedent’s estate to file a single action on behalf of all the parties with interests. This type of arrangement often helps to move the case forward without complicated litigation which can last many years. Once a cash settlement is reached in the civil claim, it will be distributed fairly according to the California wrongful death statute.
7. A Next of Kin: If the deceased owned property and none of the above family of dependents are available, any of the victim’s next of kin may be eligible to file a California wrongful death claim.