Who Can File a Wrongful Death Claim in California?
Losing a loved one is one of the most painful experiences a family can endure. When that loss is caused by someone else’s negligence — whether in a car accident, truck collision, or other tragedy — California law allows surviving family members to pursue justice through a wrongful death claim.
At Schauman & Hubins, we help families throughout Concord, Walnut Creek, Pleasant Hill, Danville, San Ramon, Dublin, and Pleasanton understand their rights and seek the compensation they deserve.
Who Is Eligible to File a Wrongful Death Claim in California?
California’s wrongful death statute (California Code of Civil Procedure § 377.60) specifies which family members can bring a claim. Typically, this includes:
- The Surviving Spouse or Domestic Partner
A husband, wife, or registered domestic partner is usually the first eligible party to file. - Children of the Deceased
Biological and legally adopted children may also file a claim. - Dependent Minors
If the deceased was caring for minor children (such as stepchildren), those dependents may be eligible if they relied on the deceased for at least 50% of their support. - Parents of the Deceased
If there is no surviving spouse, partner, or children, the parents may have the right to file a wrongful death claim. - Other Heirs Under California’s Intestate Succession Laws
In certain cases, other relatives — such as siblings, grandparents, or others who would inherit under California law — may be allowed to file.
What Damages Can Be Recovered?
A wrongful death claim can help family members recover compensation for:
- Funeral and burial expenses
- Medical costs related to the fatal accident
- Loss of financial support the deceased would have provided
- Loss of companionship, love, and guidance
- Emotional pain and suffering
How Long Do Families Have to File?
In California, the statute of limitations for wrongful death claims is generally two years from the date of death. Waiting too long can prevent your family from recovering compensation.
Why Hire a Northern California Wrongful Death Lawyer?
Wrongful death cases are complex — insurance companies and defendants often fight hard to limit what they pay. A knowledgeable local attorney can:
- Investigate the accident thoroughly
- Gather key evidence and expert testimony
- Handle negotiations with insurance companies
- File suit in court if necessary
- Provide compassionate guidance during a difficult time
Serving Families Along the I-680 Corridor
At Schauman & Hubins, we represent families throughout Northern California, including Concord, Walnut Creek, Pleasant Hill, Danville, San Ramon, Dublin, and Pleasanton. Our attorneys are committed to helping you seek justice and the financial security your family needs.
📞 Call today for a free, confidential consultation.
Schauman & Hubins, PC
2890 North Main Street, Suite 307
Walnut Creek, CA 94597
(925) 448-2122; Fax: (925) 448-2132