California’s “one action rule” requires that the heirs of a wrongful death victim join together to bring a single wrongful death lawsuit. So, it is not possible for multiple people to sue for a wrongful death. This is also in accordance with California’s Code of Civil Procedure Section 726(a), which states:
“There can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon real property or an estate for years therein, which action shall be in accordance with the provision of this chapter.”
Exception to the One-Action Rule
The major exception to the “one action rule” is that heirs who were minors (under 18 years of age) can bring a subsequent lawsuit when they are adults if they were left out of the initial lawsuit. Otherwise, eligible heirs who fail to assert their claim will likely lose their right to recover later.
Recently, the definitions of the law have seen some challenges. For example, in the case Moody v. Bedford, an appeals court ruled that the one-action rule could be circumvented under certain complex legal circumstances.
The California Supreme Court later ruled this opinion to be unpublished. This means that this specific ruling could not be used as precedent in future suits. However, this initial ruling shows that a wrongful death lawsuit can sometimes go through in situations where there isn’t much legal background. Often, these cases will come down to the skill of a Wrongful Death Lawyer.
Who Can File a Wrongful Death Claim
Typically, the right to file a wrongful death claim is reserved for immediate family members because they are the ones most affected by the loss. However, in California, several other people are allowed to file suit, according to the Code of Civil Procedure, section 377.60. The eligible members include:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren (only if the deceased person’s children have also passed away
- Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
- Dependent minor living in the household
- The next of kin
- Anyone entitled to the deceased’s property under intestate succession law
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim. It is important to note that California recently passed Senate Bill 447. This wrongful death law affects the types of damages a victim’s estate can recover in survival 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.
Get Legal Help for a Wrongful Death in California
If you’ve lost a loved one due to the careless acts of another or a hazardous condition, the Wrongful Death Attorneys at Maison Law are here to help you through this difficult time. Our firm’s experience with California wrongful death law will ensure your family’s right to compensation is protected. Contact Maison Law today for a free, confidential consultation and case evaluation.
