Losing a loved one to a motorcycle accident can bring overwhelming grief, especially if it was because of someone else’s negligence. It can even be more devastating if your loved one was a partner or a parent who provided for your family. How will you cope with the mounting medical expenses and funeral costs? Where will you find the resources to support your children’s future? If you’re dealing with such a loss, knowing who can file a wrongful death claim is crucial for protecting your family’s future.
Immediate family members can file a claim
California law gives certain family members first priority in filing wrongful death claims. This includes:
- Surviving spouse or registered domestic partner
- Children of the deceased
- Grandchildren (if the deceased’s child is also deceased)
These immediate family members can seek compensation for lost financial support, funeral expenses and the loss of companionship and guidance.
Other eligible parties
In cases without surviving immediate family members, California bases filing rights on intestate succession. This means the law follows a specific order of who can inherit when there’s no will, starting with parents of the deceased, followed by siblings and other blood relatives.
The state also recognizes the right of putative spouses and stepchildren if they were dependent on the deceased. Putative spouses here refer to someone who believed they had a valid marriage to the deceased person, even though legal issues, such as an incomplete divorce from a previous marriage or other technical problems, made the marriage invalid.
Take note that California’s wrongful death statute also gives special consideration to minors who lived with the deceased for at least half a year and received most of their financial support from them. They have a right to file a claim even if they don’t qualify under other categories.
Seek the guidance you need
California gives you two years from the date of death to file your claim. Although grieving shouldn’t be rushed, it may be crucial to take action as soon as possible. An attorney can help guide you through the process so that you and your family can focus on healing.