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Who Can File a Wrongful Death Claim?
Determining who can file a wrongful death claim is the first step toward seeking justice. In California, this right is primarily reserved for surviving spouses, children, and those financially dependent on the deceased.
Losing a loved one is a trauma that words can’t touch. When that loss happened because of someone else’s negligence, the grief is often mixed with a deep sense of injustice. At Pyramid Legal, we know that no amount of money can replace a family member. However, a wrongful death claim is a tool that allows families to seek the financial stability they deserve.
California law is very specific about who can file a wrongful death claim. In Pasadena, we often see families assume any relative can lead the charge, but the “line of succession” for these cases is strictly defined by state statutes.
Immediate Family: First in Line
Under California Code of Civil Procedure 377.60, the right to file starts with the most immediate survivors. This typically includes the surviving spouse, domestic partner, and children. If there is no surviving spouse or child, the law looks further up the family tree to parents or siblings. Understanding who can file a wrongful death claim requires a clear look at the legal hierarchy of the deceased’s estate.
Financial Dependents and Stepchildren
There is a third category of people who can sometimes file: those who can prove they were financially dependent on the deceased. This may include stepchildren or a putative spouse. If you can prove that the loss has created a direct financial hardship, you may be eligible under the rules of who can file a wrongful death claim in California.
The Role of the Personal Representative
Sometimes, a single “personal representative” is appointed to handle the case on behalf of all heirs. This simplifies the process and ensures that everyone’s interests are protected. At our Pasadena office on East Colorado Blvd, we help families decide the best way to structure their claim to ensure maximum accountability.
Seek Justice with Pyramid Legal in Pasadena
If you are grieving and unsure of your legal rights, let us help you find the answers. At Pyramid Legal, we specialize in helping families understand who can file a wrongful death claim and navigating the complexities of California law. Visit us at our Pasadena location or contact us today for a compassionate consultation about your case.
