Who Can File a Wrongful Death Claim in Los Angeles?
In the State of California, there are specific guidelines that determine who is eligible to file a wrongful death claim. According to California Code of Civil Procedure 377.60, the following parties have the right to pursue a wrongful death claim:
- The spouse of the deceased individual.
- The children of the deceased individual.
- The registered domestic partner of the deceased individual.
In cases where none of these parties exist or choose not to file a claim, other individuals who may potentially inherit property from the deceased person can become eligible to file. Eligibility in such cases is determined based on California estate distribution laws or intestate succession. Examples of parties that could potentially become eligible under these circumstances include:
- The parents of the deceased individual.
- The immediate siblings of the deceased individual.
- Non-related dependents of the deceased individual.
- Putative spouses and stepchildren, provided they can demonstrate financial dependence on the deceased individual.
- Minors who were at least 50% financially dependent on the deceased individual.
If you do not fall under the categories of surviving spouse, child, or registered domestic partner of the deceased individual, determining your eligibility to file a wrongful death claim according to California guidelines can be challenging. If you are unsure about your eligibility, it is advisable to seek the guidance of a California wrongful death lawyer who can provide clarity on your legal options.
