LA Century Law is a wrongful death law firm in San Bernardino. We represent families in compensation claims following the loss of a loved one.
This wrongful death guide for grieving families can answer some of your questions.
We invite you to call our LA Century San Bernardino wrongful death attorneys at any time. We’re taking new cases now.
Who Has Legal Standing to File a Wrongful Death Claim?
California law allows many surviving family members to claim for wrongful death. It isn’t limited to just the spouse and children. The spouse, domestic partner, children, and other direct descendants can always file. But there are circumstances where other dependents and relatives may file, too.
California Who Can File Wrongful Death Claim – Chart
| Relationship to Victim | Always or Sometimes?  | Conditions |
| Spouse | Always | None |
| Domestic partner | Always | None |
| Children | Always | None |
| Grandchildren, great-grandchildren | Always | None |
| Others entitled to inherit by intestate succession | Sometimes | If no surviving issue of the decedent. |
| Legal guardians of the decedent | Sometimes | If parents would qualify as qualified to inherit by intestate succession, but parents are deceased. OR If dependent on the deceased. |
| Putative spouse | Sometimes | If dependent on the deceased. |
| Children of the putative spouse | Sometimes | If dependent on the deceased. |
| Stepchildren | Sometimes | If dependent on the deceased. |
| Parents | Sometimes | If dependent on the deceased. |
| Minor, not otherwise qualified | Sometimes | If they resided in the victim’s household and at least 50% dependent on the victim for support, for 180+ days at the time of death. |
If you’re a spouse, domestic partner, child, grandchild, or great-grandchild of the victim, you always qualify. For others, it’s more complicated. The best way to find out whether you qualify is to speak with a San Bernardino wrongful death attorney, such as those at LA Century Law.
FAQs About Who Qualifies
Are legally adopted children included?
Yes, just like biological children.
Are children born outside of marriage included?
Yes, there is no difference.
Are siblings, aunts, uncles, and cousins included?
No.
What if parents are deceased?
If the parents would be entitled to bring the claim and they are deceased, then the decedent’s legal guardians may bring the claim.
See CA Code Civ. Pro. § 377.60 for the full list of who qualifies for a California wrongful death claim.
What Damages Can Surviving Family Members Recover?
The law says that in wrongful death claims, surviving family members can recover damages that are just under the circumstances.
The courts provide more guidance. Surviving family members can recover for both financial and personal losses. Categories of compensation may include:
- Lost income
- Home maintenance and household tasks
- Caring for family members
- Love, comfort, and companionship
- Loss of society and protection
- Loss of guidance, moral support, and parenting
Even though non-economic losses are intangible, they are valued to assess compensation. The amount is based on the circumstances, so evidence of family relationships is especially important. An experienced San Bernardino wrongful death lawyer can help you make sure your case is complete.
Note: California law does not allow wrongful death compensation for grief and sorrow.
What about punitive damages?
Punitive damages can’t be claimed for wrongful death, but they can be claimed in a survival action.
Wrongful Death vs. Survival Action: How Both Work Together
In addition to a wrongful death action, there may be a survival action. Wrongful death focuses on family members. A survival action focuses on the victim’s losses before death. A survival action seeks the damages that the victim could have claimed if they had lived, except for pain, suffering, and disfigurement.
There are differences between wrongful death and survival actions. Some differences are who files and the time limits to start the case. Wrongful death proceeds go directly to beneficiaries, while survival action funds are subject to creditors.
California Code Civ. Pro. § 377.34.
The Difference Between a Wrongful Death Suit and a Criminal Case
A wrongful death lawsuit is not a criminal case. They are two separate things.
Wrongful death may result in criminal charges. This is common for intentional harm, drunk driving causing death, or reckless firearm discharge, for example. The prosecutor decides whether to file criminal charges. If the person is found guilty of a crime, they may go to jail.
The result of a wrongful death claim is not jail for the offender – it’s monetary compensation for the victims.
The family can give input into the criminal process, but they don’t control it. When you have a wrongful death attorney in San Bernardino, you control your claim.
There can be both criminal charges and wrongful death. There can be wrongful death even without criminal charges.
How Long Do Families Have to File in California?
You have two years to file for wrongful death in San Bernardino. The timeline starts from the person’s death, not from the accident or injury. All surviving family members combine their claims into one legal action, except that wrongful death and survival claims are distinct.
How do I start a wrongful death claim in San Bernardino?
To start a wrongful death claim in San Bernardino, you file court documents. When our San Bernardino wrongful death attorneys represent you, we take all the steps needed for your claim.
LA Century Law Stands with San Bernardino Families After Tragic Losses
When it comes to wrongful death compensation, there is important work to do. You must prove your right to compensation. That means showing that another party is at fault for the accident. You must prepare the evidence and bring your claim.
At LA Century Law, we are wrongful death lawyers in San Bernardino. We know that you are grieving. We stand with families by providing legal representation that you can count on. We will explain the process and answer your questions.
Families throughout San Bernardino count on LA Century Law when they have lost a loved one. If you are grieving the loss of a family member, we are truly sorry. We invite you to contact us.
Call or message us today.
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