How is the Money Divided in a Wrongful Death Lawsuit?

According to California law, the victim’s surviving family members get the money in a wrongful death lawsuit. Relatives of the victim can file suit against a negligent defendant. Family members who can file a claim of wrongful death include the victim’s:

• Surviving spouse,
• Children
• Grandchildren (if the victim’s own children have passed away)
• Other minor children, if they got at least 50% of their financial support from the victim,
• Domestic partners, and
• Anyone else who would inherit from the victim’s estate under intestacy laws.

Who can file a wrongful death claim in California? 

A deceased victim cannot file a wrongful death lawsuit. It must be filed on their behalf by their loved ones. Each state defines “loved ones” differently when it comes to their wrongful death statute. California’s wrongful death statute allows a surviving spouse, domestic partner, children, and more to file a wrongful death lawsuit depending on who is alive to bring the lawsuit. Ultimately, if you are entitled to inherit under California’s rules of intestate succession, you are authorized to bring a wrongful death claim against a negligent defendant.

The statute includes minors under the age of 18 who, at the time of the victim’s death:

• Resided in the victim’s household for the previous 180 days, and
• Was dependent on the victim for at least half of the minor’s support

The statute also includes the victim’s putative spouse and their:

• Children,
• Stepchildren, and
• Parents or (if the parents are deceased) legal guardians.

In this case, a “putative” spouse is some who believed, in good faith, that they were validly married to the victim, but the marriage was either void or voidable (meaning it is subject to annulment).

The statute of limitations for wrongful death claims in California against private defendants is two years. That means you have only two years from the date of the decedent’s death to file your wrongful death lawsuit against the negligent private defendant.

Who gets the money in a wrongful death lawsuit? 

Ultimately, every individual who could file a claim is consolidated into a single wrongful death lawsuit. If the lawsuit settles or you win a verdict at trial, then you and the other plaintiffs would decide how the money is divided and who gets what.

Some common arrangements include giving the surviving spouse most of the money with smaller amounts going to the other beneficiaries. When there is no surviving spouse, equal amounts may be apportioned to the decedent’s children. Alternatively, everyone named as a plaintiff in the lawsuit can split the money evenly.

If the plaintiffs cannot reach an agreement themselves, then the court would hold a hearing to decide how the funds are to be distributed.

Talk to an Oakland, California Wrongful Death Attorney Today 

Venardi Zurada, LLP represents the interests of Oakland-area residents in wrongful death lawsuits. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury lawyers today to schedule a consultation, and we can begin investigating your claim right away.