In general, individuals eligible to file a wrongful death lawsuit include immediate family members such as spouses, children, and parents. Eligibility can extend to individuals outside of the immediate family such as siblings or grandparents if they can demonstrate financial dependence.
However, ex-spouses are a more complicated matter. A Wrongful Death Lawyer can help you understand the specific circumstances where this may be possible.
When Can an Ex-Spouse File for a Wrongful Death in California?
The qualifications for an ex-wife or ex-husband to file a wrongful death lawsuit are contingent on several factors. These factors include:
- Financial dependency
- Ongoing support
- Relationship at the time of death
Essentially, an ex-spouse would have to prove involvement in the decedent’s life before the time of death to be entitled to financial recovery in a wrongful death settlement. An example of this involvement would be if an ex-husband passed away while their ex-wife was relying on them for alimony payments and child support. In this case, the ex-wife would have a legitimate claim to recover damages.
Who is Eligible to File a Wrongful Death Lawsuit in California?
California Code of Civil Procedure 377.60 specifies the individuals who may file a wrongful death lawsuit. Those parties include:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim. This can include an ex-wife or ex-husband depending on the circumstances discussed above.
What Damages Are Included in a Wrongful Death Lawsuit in California?
A wrongful death settlement or verdict typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. Wrongful death damages usually include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Under California Civil Procedures 377.30, a wrongful death lawsuit is typically coupled with a California “survival” cause of action. Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.
Contact a California Wrongful Death Lawyer
If you’ve lost a loved one due to the careless acts of another, the Wrongful Death Attorneys at Maison Law are here to help you through this difficult time. Whether you’re an ex-spouse or a person who financially relied upon the decedent, there are legal options to get you the compensation you need.
Contact Maison Law today for a free, confidential consultation. We work on a contingency fee basis, which means you won’t pay any legal fees unless we recover compensation for you.
