Who Are The Beneficiaries in a California Wrongful Death Lawsuit?

Who Are The Beneficiaries in a California Wrongful Death Lawsuit?
https://rtmlawfirm.com/who-are-the-beneficiaries-in-a-california-wrongful-death-lawsuit-who-gets-the-money/

When an individual’s life is mistakenly taken by the actions — or inactions — of another, it constitutes a wrongful death. Under California law, surviving family members of the deceased can bring a civil lawsuit against the responsible party for monetary damages.

California law is clear about the objective of wrongful death damages — to compensate families for their losses rather than provide a windfall.

Who gets the money in a wrongful death lawsuit?

The beneficiaries in a California wrongful death lawsuit are divided into two categories: primary and secondary.

Immediate Family Members as Primary Beneficiaries

The primary beneficiaries include the spouse, domestic partner, and children of the deceased. These individuals are presumed to have suffered the most significant loss and can claim damages for both economic and non-economic losses.

Secondary Beneficiaries and Their Rights

If there is no surviving spouse, partner, or child, or if they choose to waive their right to file a wrongful death lawsuit, the right to sue passes to the deceased’s next of kin. This can include the parents of the deceased or anyone else who can show they were financially dependent on the deceased. In the case of a stepchild or legally adopted child, they may also have the right to file a wrongful death claim.

It’s important to note that secondary beneficiaries in a California wrongful death may not be entitled to the same amount of damages as primary beneficiaries. They would be entitled to recover only the economic losses, such as loss of financial support from the deceased. Non-economic damages, such as loss of companionship or emotional distress, may only be awarded to primary beneficiaries.

Can the beneficiary be an entity? Yes, in certain cases.

If the deceased did not have any surviving family members or dependents, the right to sue may pass to a designated beneficiary or the estate of the deceased. In this situation, the compensation awarded would go towards paying off any outstanding debts or other expenses related to the deceased’s death.

How can a wrongful death lawyer help?

A skilled wrongful death attorney can help identify all beneficiaries in a wrongful death lawsuit. This can involve complex family relationships and legal definitions of domestic partnerships and financial dependency.

For those who are in the midst of this challenging process or who foresee the need for such legal action, reach out to a reputable and experienced wrongful death attorney who can see the case through.

RTM Law Firm Can Help.

Reach out to our experienced wrongful death lawyers today. Call us for a free case review.

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