Although any sudden unexpected death in the family feels wrong to the surviving loved ones, California recognizes a wrongful death legally as one caused by another party’s careless, reckless, or wrongful actions. Wrongful death claims in California typically stem from car accidents, defective products, negligent property owners, medical malpractice, or acts of violence. When an individual, business, manufacturer, or other at-fault party fails to take reasonable measures to avoid causing another person’s injury and death, they are liable for the damages to close family members. Damages include lost income and benefits, funeral costs, and compensation for grief and anguish. However, California’s wrongful death laws also limit those who may file a wrongful death claim to specific close family members. This prevents distant relatives who don’t suffer financial impacts from the death from profiting from it.
California restricts wrongful death claims only to immediate family members who feel the financial impacts of the death as well as the grief. California’s rules put surviving family members in a hierarchy of priority in who may file a wrongful death claim. Those eligible are listed below in the following order of priority:
If several family members or next of kin wish to file a claim for wrongful death in California courts, the court carefully considers the above hierarchy. If multiple “next-of-kin” relatives seek compensation, the court may appoint one as a representative to file on behalf of all and then they must divide the compensation.