Cases involving a wrongful death claim are often among the most emotionally fraught cases we get at Hogan Injury. That’s because a wrongful death claim involves a loved one’s untimely and potentially avoidable death; a loss of life caused by the negligent or intentional acts of another. In California, there are certain limitations on who can bring forth such a claim on behalf of the deceased. While our attorneys are readily available to assist you in determine whether or not you qualify as wrongful death claimant, the following is a quick synopsis of who California deems is eligible (note the following list is in priority order according to the courts):

  • If married at the time of their death, then the deceased’s surviving spouse is eligible and first in line for any damages awarded from a wrongful death claim.
  • If not officially married, survivingĀ domestic partners legally registeredĀ in a California domestic partnership are eligible. A California domestic partnership is a legal, court-recognized relationship awarded to any two people who live together and meet the criteria specified by California Family Code section 297.
  • Any survivingĀ children of the victim.
  • Any other family members entitled to the property of the deceased in scenarios of no will.
  • Any other individuals financially dependent on the loved one at the time of their death. This includes a potential putative spouse, their children, stepchildren, or parents.
  • Any minor that resided in the loved one’s home for at least 180 days before their death and was financially dependent upon them.
  • And finally, the personal representative of the deceased as authorized by their will and estate.

For more information or clarification about the above eligible claimants, or other information related to wrongful death claims, contact us today.

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