The short answer to this question is yes. California statutes cover these unique circumstances in Code of Civil Procedure Sections 337.40 – 337.42, which states:
“In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on a cause of action against the decedent, all damages are recoverable that might have been recovered against the decedent had the decedent lived except damages recoverable under Section 3294 of the Civil Code or other punitive or exemplary damages.”
How to Sue a Dead Person for a Wrongful Death
It is a traumatic event to lose a loved one without warning. Fortunately, there are legal resources to secure financial recovery for funeral costs, the loss of a loved one’s income, and the loss of their consortium. But how do you pursue compensation for the loss of a loved one if the person responsible also passed away?
In certain cases, for example, in a drunk driving accident, a person can be killed by a drunk driver who also perishes in the accident. In this case, the family of the decedent reserves the right to file a wrongful death claim against the estate of the drunk driver to recover insurance proceeds only.
Under Probate Code Sections 550 and 552, the insurance carrier of the deceased shall serve as the defendant in the same manner as if a lawsuit were being filed against a “personal representative.” Within Probate Code 551, the family of the deceased has a one-year “grace period” after the two-year statute of limitations for a wrongful death has expired. This is to provide protection to plaintiffs who did not know the defendant was deceased.
Can You Sue the Heirs of a Dead Person for a Wrongful Death in California?
If you have a valid wrongful death claim against a deceased person, you will need to direct your efforts at the decedent’s estate rather than their heirs. This can become a complex matter and it is recommended to reach out to a decedent’s estate through an experienced Wrongful Death Lawyer.
Under California Probate 9050 and 9051, the personal representative of an estate is required to give notice of the administration of the estate to the decedent’s creditors. The estate representative would have to provide notice to you within four months of the date the court appointed them as personal representative of the decedent’s estate, or thirty days from the day the representative learned of your loss. Once you receive this notice, you must file a claim with the probate court and send a copy to the estate representative. If the estate rejects this claim, then you file a lawsuit against the estate.
Who Can File a Wrongful Death Claim in California
According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:
- 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. 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.
Contact a California Wrongful Death Lawyer
If you’re in the unfortunate situation of having to file a wrongful death lawsuit against a deceased individual, the Wrongful Death Attorneys at Maison Law are here to help you and your family manage this difficult legal process.
We understand that no amount of money can replace the loss of a loved one, but we can take legal action against the decedent’s estate and ensure financial security for you and your family. To start the legal process contact Maison Law today and our legal team will explain all your options and how the law can benefit wrongful death victims.
