Which Family Members Are Eligible to Sue for Wrongful Death?

Find out which family members are eligible to sue for wrongful death and how California laws affect claims.

Which Family Members Are Eligible to Sue for Wrongful Death?

Carlsbad, California, in San Diego County, blends stunning coastal beaches with a vibrant community and family-friendly vibe. From flower fields and lagoons to bustling shops and outdoor recreation, it offers an ideal Southern California lifestyle. Even here, fatal accidents can strike unexpectedly, leaving families devastated. 

Wrongful death laws allow surviving family members to seek compensation when a loved one’s death results from another’s negligence or wrongdoing, with eligibility hinging on state law, family ties, and the relative’s involvement with the deceased.

Local courts frequently handle these cases, and families often turn to a compassionate wrongful death attorney in Carlsbad, California, from Miller & Steele to identify entitled claimants.

Spouses/Domestic Partners

In general, spouses and registered domestic partners are considered to be the primary candidates for filing wrongful death claims. The courts acknowledge that there exists a direct financial or emotional dependency resulting from being married or in a long-term relationship.

Children/Step-Children

In general, biological and adoptive children are entitled to pursue wrongful death claims. In certain circumstances, stepchildren may be able to pursue wrongful death claims, particularly if they were relying on the deceased for support.

Parents/Siblings

If the deceased had no spouse or children, the deceased’s parents may pursue a wrongful death claim. Siblings can pursue wrongful death claims, but only in very limited circumstances; generally, when they relied upon the deceased for financial support.

Estate/Petitioners (Personal Representative)

As mentioned above, in certain jurisdictions, the wrongful death claim must be pursued through the estate, which is then filed by a petitioner/personal representative on behalf of the estate. This approach helps consolidate potential damages and avoid multiple lawsuits.

State Statutes Affecting Eligibility

Each jurisdiction has unique laws regarding who may pursue wrongful death claims. California has outlined the individuals who may pursue wrongful death claims under its Code of Civil Procedure, and the courts strictly enforce these guidelines in wrongful death cases.

Importance of Knowing Who May Pursue a Wrongful Death Claim

Regardless of whether or how much harm occurred, courts will dismiss wrongful death claims made by those without standing to pursue a wrongful death claim. As previously stated, guidance from state judicial resources (e.g., California Courts) outlines the eligibility requirements for wrongful death claims.

Disagreements Regarding Who Has Standing

• Dependency: The court considers whether the claimant relied on the deceased for financial support, daily care, or essential living expenses when determining standing.
• Household Responsibilities: Judges assess the deceased’s role in managing household duties, caregiving, and shared family obligations.
• Financial Contributions: Evidence showing that the deceased paid bills, covered medical costs, or contributed to household income can strengthen a claimant’s standing.
• Documentation: Records of financial support, caregiving arrangements, or shared expenses help the court resolve disputes more efficiently and fairly.
• Judicial Interpretation: Courts may interpret wrongful death statutes differently, which can complicate standing decisions during emotionally stressful civil and probate proceedings.

Final Takeaways

• Eligibility to pursue wrongful death claims depends on the family relationship and the applicable state statute.
• Generally, spouses and children are permitted to pursue wrongful death claims.
• All other relatives can pursue wrongful death claims only under specific conditions.