When someone dies because of another’s negligence or wrongful act, certain people are legally permitted to bring a wrongful death lawsuit. California law outlines exactly who can file and under what conditions.
Who May File
Under California Code of Civil Procedure section 377.60, the following persons (or their legal representatives) are eligible:
- The deceased person’s surviving spouse or registered domestic partner
- The deceased person’s surviving children, including biological, adopted, or stepchildren
- The issue of deceased children (grandchildren) if the children are no longer alive
- If none of the above survive, then anyone who would inherit the decedent’s property under intestate succession (for example parents, siblings)
Additionally, people who were financially dependent on the deceased may also have rights to file. This can include:
- a putative spouse (someone who believed in good faith that a valid marriage existed)
- children of a putative spouse
- stepchildren
- parents
- minors who lived with the decedent for at least 180 days before death and who relied on the decedent for at least half of their financial support
Role of a Personal Representative or Heir
A lawsuit can be filed either by an heir or by the decedent’s personal representative (e.g. executor of the estate if there is a will, or administrator if there is not). The lawsuit is brought on behalf of all people entitled to recover under the law.
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