Understanding who has the Legal “Standing” of Filing a Wrongful Death Claim
Losing a loved one unexpectedly is one of the most painful experiences a family can face. Wrongful death claims may be caused by another party’s negligence and can result in extreme fear and trauma for victims and their families. The emotional grief and financial uncertainty that are caused by these claims may drive surviving family members to fall into a negative spiral of despair and worry. Understanding the importance of wrongful death claims may help families get back on the path of recovery.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit obtained when an individual dies as a result of another party’s negligence, recklessness, or intentional misconduct. Wrongful death claims are separate from criminal proceedings, as a civil claim focuses on financial damages suffered by the surviving family members. These cases often arise from the following.
- Motor vehicle collisions
- Truck or commercial vehicle accidents
- Dangerous property conditions
- Defective products
- Medical negligence
- Workplace incidents
What Does “Standing” Mean?
The term “standing” often refers to the freedom to obtain a lawsuit. This is significant because an individual does not have an automatic right to file a wrongful death claim. California law allows certain individuals to file a claim based on their relationship to the deceased victim. The following are individuals who have standing to file a wrongful death claim:
1. Surviving Spouse
The surviving spouse is usually first in line to file a claim. Marriage creates a legally recognized relationship that provides standing under the wrongful death statute.
2. Domestic Partner
If the partnership meets California’s legal requirements, a registered domestic partner may also have standing, similar to a spouse.
3. Children of the Deceased
Biological and legally adopted children generally have standing to file a wrongful death claim. If the deceased had children, they are commonly included as plaintiffs in the case.
What If There Is No Spouse or Child?
California law may grant another individual the right to file a claim if the deceased victim did not leave behind a spouse, domestic partner, or child. Individuals who may be permitted to do this are often those who would inherit from the deceased. This may include, but is not limited to, parents and siblings.
Financial Dependents
Certain individuals who were financially dependent on the deceased individual may also have standing. Dependency can be classified as financial reliance and requires the proper evidence. Individuals who may be financially dependent include:
- Minor children
- A parent who relied on the deceased for support
- Other dependents living in the household
Who Does Not Have Standing?
The following are individuals who may not have standing.
- Close friends
- Unmarried partners (not registered as domestic partners)
- Distant relatives
- Extended family members
Survival Actions vs. Wrongful Death Claims
Understanding the importance of survival actions vs. wrongful death claims may provide family members with a clear perspective on the next steps to take.
- A wrongful death claim seeks damages for losses suffered by surviving family members.
- A survival action is brought on behalf of the deceased person’s estate for damages the person incurred before death.
What Damages May Be Sought?
In a wrongful death case, eligible family members may seek compensation for:
- Funeral and burial expenses
- Loss of financial support
- Loss of household services
- Loss of companionship and guidance
It is important to note that California law does not permit recovery for the family’s grief or emotional distress in a wrongful death claim, although loss of companionship may be considered.
Time Limits to File
Missing important deadlines when filing wrongful death claims can create additional harm and stress during an already difficult time. Legal guidance may help decrease that stress and provide families with the peace of mind to focus on recovery. An attorney can help families understand the importance of time limits to ensure they are taking the right steps for the future.
Seeking Legal Guidance
It is important to seek legal guidance when dealing with wrongful death claims. An experienced attorney may help family members understand their rights and the responsibilities they have moving forward with their case. Seeking the proper legal advice can also help families focus on recovery from the emotional and physical harm caused by the incident. In addition, an attorney can also help:
- Identify eligible claimants
- Clarify the difference between wrongful death and survival claims
- Review applicable deadlines
- Explain potential damages under California law
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges families face when dealing with wrongful death claims. Our experienced personal injury attorneys may help evaluate the case and assist clients in understanding their rights. If you or a loved one has experienced sudden loss and needs legal advice, you are not alone. Contact KAASS LAW today to discuss your options.