A sudden death of a loved one can cause immeasurable grief and pain. The loss of companionship, household and childrearing support, parental guidance, and financial support can be overwhelming and cause emotional distress.

If the death was due to gross negligence of another person or entity, a civil action can be taken against the careless party to seek damages. A wrongful death claim is a civil lawsuit against a person, or defendant, who can be held liable for another person’s demise.

Although taking legal action may be an emotionally difficult process, it can have benefits for the survivors of the deceased. First, proper compensation for damages can relieve family members and loved ones of economic stress. Second, a successful lawsuit can hold individuals and manufacturers accountable for their negligence, which can potentially deter future misconduct.

According to the California wrongful death statute, only certain parties can pursue a wrongful death claim. California law specifies that the spouse, domestic partner, and children of the deceased can file a lawsuit. If there is no living person in the line of descent, anybody “who would be entitled to the property of the decedent by intestate succession” can file a lawsuit.

​This would include parents and siblings. In California, a wrongful death claim must be filed within two years of the death of the individual. If you have suffered the loss of a family member or loved one due to reckless negligence and are considering filing a lawsuit, it is important to consult with an experienced personal injury.