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People who die unexpectedly often leave many grieving relatives — including children, parents, and siblings — behind. To prevent the possibility of multiple wrongful death lawsuits, California sets an order of priority for those who may file a wrongful death lawsuit. So can a sibling sue for wrongful death in California? Here’s a closer look.
Who Can Sue for Wrongful Death in California?
California law establishes a hierarchy of those who may file a wrongful death lawsuit, which typically follows this order:
- The surviving spouse or domestic partner
- Surviving children, including biological, adopted, and stepchildren
- Dependent minors living with the deceased
- Parents who were dependent on the decedent
- Parents who were not dependent on the decedent
- Siblings of the deceased
- Children of the deceased’s siblings
- Grandparents
- Children of a deceased spouse
- Any other next of kin
It’s worth noting that if the deceased left minor children but no spouse, the children may still file a lawsuit. In this situation, the court will appoint someone to pursue the claim on the children’s behalf.
When Can a Sibling Sue for Wrongful Death in California?
While siblings don’t have the first right of priority to sue for wrongful death, there are situations where a sibling may file. For example, if the deceased person has no surviving spouse, children, or parents, a surviving sibling may file a wrongful death lawsuit.
Likewise, a sibling may file a lawsuit if the party or parties above them on the hierarchy waives the right of priority or is deemed legally incompetent. For example, if the deceased person was married but has no children or surviving parents, their spouse has first priority.
However, if the spouse waives their right to pursue a wrongful death claim, a sibling may be able to file. Navigating this hierarchy is often more complex than it seems, but a wrongful death attorney can help you accurately determine whether you have the legal right to file a lawsuit.
When Multiple Parties Want to Pursue a Claim
In some cases, families may choose to share the proceeds of a wrongful death lawsuit. If the deceased person has left many potential heirs, this can be a complicated undertaking.
Often, the most straightforward way to pursue this kind of wrongful death claim is to appoint a personal representative of the deceased’s estate. The representative then files and pursues the claim on behalf of all eligible heirs.
If your deceased loved one does not already have a personal representative, a wrongful death lawyer may be able to help you and your family appoint one. From there, your attorney can help you move forward with the process of filing a wrongful death lawsuit.
Have You Lost a Loved One Due to Negligence?
Pursuing a wrongful death claim can’t bring back a lost loved one — or erase the pain their death has caused. However, it can hold the negligent party accountable and give you and your family the support you need to grieve.
If you’re considering filing a wrongful death claim — or just wondering, “Can a sibling sue for wrongful death in California?” — call The Law Office of Elliott Kanter APC at 619-231-1883 or contact us online to request a free consultation today.
California Wrongful Death FAQs
How Can a Sibling Sue for Wrongful Death in California?
A sibling may only sue if there is no surviving spouse, child, dependent minor, or parent of the deceased. Siblings may also be able to sue if these parties waive their right of priority. You can then file your claim as you would for any other wrongful death lawsuit.
How Long Do You Have to File a Wrongful Death Lawsuit in California?
Generally, you have two years from the date of death to file a wrongful death action in California.
