Find Clarity When Your Family Needs Answers

Losing someone you love in a preventable accident can leave your family with grief, bills, and hard legal questions all at once. California law limits who can bring a wrongful death lawsuit, so it helps to understand your family’s rights as early as possible.

Eligibility can depend on your relationship to the person who died, your family structure, financial dependency, and whether another eligible person has already started a case. As a wrongful death lawyer in Santa Clara, we review fatal crashes, unsafe property incidents, workplace accidents and other negligent events to help families protect their legal options. At Caputo & Van Der Walde LLP, we know that accountability cannot undo a loss, but it may help your family seek financial support and answers.

California Law Identifies the Closest Eligible Family

California Code of Civil Procedure Section 377.60 generally gives the first right to file a wrongful death claim to a deceased person’s surviving spouse, registered domestic partner, and children. Adult children may have the right to bring a claim even when they did not depend financially on their parent.

Family relationships matter greatly in these cases. If a child of the person who died passed away before the victim, that child’s own children, meaning the victim’s grandchildren, may be eligible to bring a claim. Dates of death and the family tree can make a real difference.

Legal status usually matters more than an informal relationship. For example, a long-term partner may not automatically qualify if they were not legally married or registered as a domestic partner, even if the couple shared a home, bills, and finances. We can review records and family information to help identify the people who may have a legal right to be included.

Dependency Can Expand Who May File

When the person who died had no surviving spouse, domestic partner, children, or other direct descendants, California’s intestate succession rules may allow other relatives to pursue a wrongful death claim. Depending on the facts, parents, siblings, or other relatives who would inherit may be eligible.

California law also recognizes some financially dependent people who may not fall into the closest family group. A putative spouse is someone who had a good-faith belief that they were legally married to the person who died, even if the marriage was later found invalid. A putative spouse, that person’s children, stepchildren, and parents may have rights in certain situations when they relied financially on the deceased.

Some minors may also qualify under special rules. A minor may have a claim when they lived in the deceased person’s household for at least 180 days before the death and received at least half of their support from that person.

Dependency cases often turn on detailed proof, including:

• Tax returns and bank records

• Household documents and school records

• Evidence of regular financial support

• Statements from relatives, neighbors, or others familiar with the home

We often recommend gathering and preserving these records early, before memories fade or documents become harder to locate.

Wrongful Death and Survival Claims Are Different

A wrongful death claim focuses on the losses surviving family members experience after a death. It may seek compensation for lost financial support, household services, funeral expenses, and the loss of love, companionship, guidance, and emotional support.

A survival action is different. It concerns losses suffered by the person who died before death, such as medical expenses, lost income, or property damage. This type of claim is usually brought by the estate’s personal representative or another legally qualified successor.

One person should not assume they can resolve every possible claim for the whole family. California generally expects eligible heirs to pursue a wrongful death matter together in one coordinated lawsuit when possible. Identifying every potential claimant early can reduce family conflict and prevent avoidable mistakes.

A wrongful death lawyer in Santa Clara can help sort through questions such as:

• Which relatives have a right to participate

• Whether an estate-related survival claim may exist

• Who has authority to act for the estate

• What losses may be available to different family members

Early Action Helps Preserve Evidence and Meet Deadlines

Most California wrongful death lawsuits must be filed within two years of the date of death. Exceptions may apply, and claims involving a government agency, public transportation, government employees, or dangerous public property can involve a formal government claim deadline as short as six months.

Time also affects evidence. Police reports, surveillance video, vehicle data, medical records, phone records, witness statements, and physical evidence may become more difficult to obtain as months pass. Early legal review allows us to begin investigating and send requests to preserve important proof.

October can be a hard time to carry a recent loss. Fall often brings earlier darkness, seasonal rain, heavier commute traffic, back-to-school routines, and the start of holiday travel across Santa Clara County. Insurance companies may begin building their defense quickly, so waiting until the holiday season or year-end can put added pressure on a grieving family.

Protect Your Family Rights Before Time Runs Out

If you are unsure whether you qualify to file, whether other relatives must be involved, or whether the estate has a separate claim, getting clear information can make the next steps less confusing. Every family has different relationships, financial needs, and losses, so the answer rarely comes from a simple checklist alone.

A prompt review can help identify eligible family members, preserve evidence, calculate losses, and avoid filing errors. Before important deadlines pass, keep records connected to the death, avoid assuming another person is handling every issue, and make sure your family understands which claims may need attention.

Get Clear Answers for Your Family

At Caputo & Van Der Walde LLP, we can listen to your circumstances and explain the legal options that may be available. To discuss your situation with a wrongful death lawyer in Santa Clara, contact us for a confidential consultation. Our team will answer your questions clearly and help you decide what steps are right for your family.