Who Can Sue for Wrongful Death?

If a family member tragically loses their life in an accident, you may have the option to pursue a wrongful death action to seek justice and compensation for your loss. In California, there are two main avenues to consider in wrongful death cases: workers’ compensation and personal injury claims.

The workers’ compensation wrongful death action applies when the death occurs while the individual is on the job. This claim exists independently of fault, meaning it can be pursued regardless of who caused the accident leading to the death.

On the other hand, a personal injury action arises when the death is caused by someone else’s negligence. This could include situations such as car accidents, medical malpractice, or premises liability incidents. In such cases, the surviving family members may seek compensation for their loss through a civil lawsuit against the negligent party. Understanding these distinctions is crucial in determining the appropriate legal course of action in seeking accountability and compensation for the untimely loss of a loved one.

Workers Compensation Wrongful Death

In workers’ compensation cases, survivors of a deceased employee may have the option to file a wrongful death lawsuit, but this is subject to specific conditions. Typically, workers’ compensation serves as the sole recourse for injuries or fatalities sustained by an employee while performing job-related duties. This means that when an employee is injured or killed while acting within the scope of their employment, both the employer and employee are bound by the provisions outlined in workers’ compensation law.

Typically, immediate family members such as spouses, children, and sometimes parents of the deceased employee have the right to bring a wrongful death lawsuit. Additionally, in some cases, putative spouses and children, domestic partners, financial dependents, and even more distant relatives like siblings or grandparents may have standing to file a claim. If none of these individuals are available or willing to sue, the personal representative of the deceased’s estate may be authorized to bring a lawsuit on behalf of the estate and its beneficiaries.

In California, financial dependents of the deceased employee have the right to receive compensation. This usually includes the deceased’s children who are under the age of 18.

California Workers Compensation Death Payments

In California, the workers compensation appeals board determine the amount of death benefits for workers compensation death claims. Death benefits are financial payments provided to the spouse, children, or other dependents when an employee passes away due to a work-related injury or illness.

These benefits cover reasonable burial expenses, with a limit of $5,000 for injuries occurring before January 1, 2013, and $10,000 for injuries on or after that date. The amount of the death benefit is determined based on the number of total and/or partial dependents. In cases where there is at least one totally dependent minor, the death benefits continue until the youngest minor turns 18 (or for life if the minor is disabled).

These benefits are paid at the total temporary disability rate, with a minimum payment of $224.00 per week. The time limit for initiating proceedings to collect death benefits is one year from the date of death if the death occurs within one year of the date of injury, or one year from the last provision of benefits or from the date of death if the death occurs more than one year after the date of injury. Proceedings for the collection of death benefits cannot be initiated more than 240 weeks from the date of injury. The specific amounts of burial expenses and benefits depend on the date of the injury, with different rates set for injuries occurring before and after January 1, 2013.

Personal Injury Wrongful Death

If someone loses their life due to another person’s negligence, it opens the possibility of pursuing a wrongful death personal injury lawsuit. It’s important to understand that this is distinct from worker compensation claims, which primarily address injuries or fatalities occurring within the scope of employment. Wrongful death lawsuits allow surviving family members to seek justice and compensation for the loss of their loved one due to the negligent actions of another party. These legal actions can provide recourse for the emotional and financial hardships endured as a result of the tragic loss.

Who Can Pursue Personal Injury Wrongful Death?

Several parties may have the legal standing to pursue a wrongful death claim. These include the parents of the deceased and immediate family members. The mother of the deceased’s child, as well as the widow and children of the deceased also have the legal standing to sue for wrongful death. For example a California case specifically found that a widow was able to sue for wrongful death after her husband was killed in a car accident.

However, it’s important to know that the right to sue for wrongful death depends on laws made by the government. This means it varies depending on where you live and your relationship to the person who died. For instance, in some places, spouses, children, and sometimes parents of the person who died can sue for wrongful death. Others who may have the right to sue include people who were financially dependent on the deceased, domestic partners, and sometimes even more distant relatives like siblings or grandparents. If none of these people can or want to sue, the person in charge of the deceased’s belongings, called the personal representative, can file a lawsuit on behalf of the estate and its beneficiaries. It’s a good idea to check the laws in your area or talk to a wrongful death lawyer.