The loss of a loved one is one of the most difficult experiences a family can face. When that loss is caused by another person's negligence or wrongful conduct, surviving family members may have the right to pursue a wrongful death claim under California law. However, not every family member is treated the same under the law. One area that often creates confusion involves wrongful death claims for adult children and how they differ from claims involving minor children. Understanding these differences can help families make informed decisions during an already challenging time.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by eligible surviving family members after someone dies because of another party's negligent, reckless, or wrongful actions. Wrongful death cases commonly arise from:
- Motor vehicle accidents
- Truck collisions
- Motorcycle accidents
- Pedestrian accidents
- Dangerous property conditions
- Defective products
- Medical negligence
- Workplace incidents involving third-party liability
Unlike criminal proceedings, a wrongful death lawsuit focuses on recovering financial damages available under California law rather than imposing criminal penalties.
Who Can File a Wrongful Death Claim in California?
California Code of Civil Procedure section 377.60 identifies the individuals who may be eligible to file a wrongful death claim. These often include:
- The surviving spouse
- Registered domestic partner
- Children
- Grandchildren in limited situations
- Other individuals who may qualify under California's rules of intestate succession
- Certain financially dependent individuals in specific circumstances
Although both adult and minor children may qualify as plaintiffs, their legal claims are not always evaluated in the same manner.
Adult Children and Minor Children Are Both Eligible
Adult children generally have the legal ability to pursue a wrongful death claim following the death of a parent when California law recognizes them as eligible beneficiaries. However, while eligibility may remain similar, the damages available may be different because courts evaluate the actual losses suffered by each claimant.
Why Minor Children Often Have Different Damages
Minor children are generally thought to continue relying on their parents for numerous forms of support. This often includes:
- Financial support
- Housing
- Food
- Clothing
- Education
- Guidance
- Care and nurturing
- Day-to-day parental services
Adult Children May Face Different Financial Considerations
Adult children usually live independently and support themselves financially. As a result, economic damages based on lost financial support may be different from those involving younger children. That does not mean adult children cannot recover damages.
Instead, California courts look at the actual relationship and losses involved, including evidence showing the nature of the family relationship and any financial contributions that existed before the death.
California Does Not Automatically Require Financial Dependence
Many people mistakenly believe an adult child must prove complete financial dependence on the deceased parent. In many situations, this is not accurate. Children who qualify under California's wrongful death statute may still pursue claims even if they were financially independent. Understanding these distinctions is often an important part of evaluating a potential claim.
What Damages May Be Available?
California wrongful death damages generally focus on the losses experienced by surviving family members rather than the suffering experienced by the person who passed away. Depending on the circumstances, recoverable damages may include:
- Loss of financial support
- Loss of household services
- Funeral and burial expenses when appropriate
- Loss of love, companionship, comfort, care, assistance, affection, guidance, and moral support
The specific damages available will vary depending on the facts of each case and the evidence presented.
Emotional Loss Is Important Regardless of Age
Although financial damages may differ between adult and minor children, California law recognizes that the emotional loss resulting from the death of a parent does not simply disappear because a child reaches adulthood. Adult children may still experience profound losses involving:
- Family relationships
- Emotional support
- Advice and guidance
- Shared experiences
- Care and companionship
These non-economic damages often play an important role in wrongful death claims.
Every Family Relationship Is Different
An adult child who spoke with a parent daily and relied on them for emotional support may experience a very different loss than someone who had limited contact. California courts evaluate the specific evidence presented rather than assuming every family relationship is identical. Documentation, witness testimony, and other evidence may all help demonstrate the nature of the relationship.
Time Limits Apply
Wrongful death claims in California are generally subject to statutes of limitation. Waiting too long may affect a family's ability to pursue a claim. Since deadlines vary, families often benefit from understanding the applicable time limits as early as possible.
Legal Guidance
Losing a parent or another close family member unexpectedly can leave surviving relatives with many legal questions. Adult children are often surprised to learn that California law evaluates wrongful death claims based on several factors, including family relationships, financial circumstances, and the specific losses suffered by each eligible claimant.
Determining who may file a claim, identifying available damages, gathering supporting documentation, and complying with filing deadlines can involve careful legal analysis.
How KAASS LAW Can Help
At KAASS LAW, we understand that wrongful death cases involve both emotional and legal challenges. Our personal injury attorneys work with families throughout California to review the circumstances surrounding fatal accidents, explain the wrongful death process, and answer questions about eligibility under California law.
When appropriate, our team can assist with investigating the incident, collecting relevant evidence, communicating with insurance companies, and preparing a wrongful death claim based on the facts of the case. Contact KAASS LAW today to learn more.