Who Can File a Wrongful Death Lawsuit in Sebastopol? 

Losing a loved one is one of the most painful experiences any family can endure, especially when that loss could have been prevented. When someone dies due to the negligent, reckless, or intentional actions of another party, California law allows certain family members to pursue justice through a wrongful death lawsuit. While no legal action can undo the tragedy, a successful claim can provide the financial stability and accountability grieving families need as they move forward. 

At Flahavan Law, we know the pain of these situations runs deep. We don’t take your grief lightly. Our mission is to walk alongside you, offering legal support, compassionate counsel, and strong representation, so that your family’s story is heard and those responsible are held accountable. 

What Is a Wrongful Death Lawsuit? 

A wrongful death lawsuit is a civil claim filed by surviving family members or legal dependents against a person or entity whose actions (or failure to act) led to a loved one’s death. It differs from a criminal case in that it focuses on compensation for the surviving family, rather than punishment for the defendant (although both types of cases can co-occur). 

These claims commonly arise from: 

• Car or truck accidents 
• Pedestrian or bicycle collisions 
• Workplace accidents 
• Dangerous property conditions (premises liability) 
• Defective products 
• Assault or intentional harm 

In any of these cases, the goal of a wrongful death claim is to acknowledge the loss, compensate for the financial and emotional impact, and ensure accountability. 

Who Can File a Wrongful Death Lawsuit in California? 

California law (specifically, Code of Civil Procedure § 377.60) limits who may bring a wrongful death claim. The right to file is generally granted to those who were closely related to the deceased and financially or emotionally dependent on them. 

The following parties can file a wrongful death claim: 

• The decedent’s surviving spouse or domestic partner 
• The decedent’s children   

If the deceased had no surviving spouse or children, then: 

• Parents, if they were financially dependent on the deceased 
• Siblings or other close relatives, if they can prove financial dependence 
• A person who can prove they were a putative spouse (a person who believed in good faith they were married to the deceased) or a stepchild who was financially dependent on the deceased may also qualify. To know if this is the case for you, reach out to our office today.   

Only one wrongful death lawsuit may be filed per decedent, but multiple eligible family members may join together in a joint claim. 

What If Multiple People Want to File? 

If several family members are eligible and wish to file, California law requires that they do so in a single, unified lawsuit. This helps avoid conflicting verdicts and ensures all parties’ interests are considered. If not everyone agrees, one family member can file on behalf of others, but those not included must be formally notified. 

Flahavan Law can help facilitate this process with sensitivity and clarity, ensuring each voice is represented and avoiding unnecessary conflict during an already emotionally challenging time. 

Who Cannot File a Wrongful Death Lawsuit? 

There are limitations. Under California law, the following parties typically cannot file a wrongful death claim: 

• Friends of the deceased 
• Fiancés or unmarried romantic partners (unless they qualify as a “putative spouse”) 
• Distant relatives who were not financially dependent 
• Business partners or coworkers 
• Stepchildren or parents without evidence of financial dependence 

If you're unsure whether you're eligible to bring a claim, we encourage you to reach out. We will listen to your story and help you determine your legal standing with compassion and discretion. 

What Kind of Compensation Is Available? 

Wrongful death claims are intended to address both economic and non-economic losses that arise from the death of a loved one. These damages are not awarded to the estate, but directly to the surviving family members. Compensation may include: 

• Funeral and burial expenses 
• Loss of financial support that the deceased would have provided 
• Loss of household services (childcare, home maintenance, etc.) 
• Medical bills incurred before the death, if related to the fatal incident 
• Loss of companionship, love, guidance, and emotional support 
• Loss of consortium (for surviving spouses or partners) 

In cases involving gross negligence or intentional misconduct, punitive damages may also be available, particularly when a survival action is filed in conjunction with the wrongful death claim. At Flahavan Law, we work closely with economic experts and grief counselors to fully value the impact of loss, not just in financial terms, but also in the life that was taken and the relationships left behind. 

Why Work with Flahavan Law? 

We understand that no lawsuit can replace the person you lost. What we can do is help ensure that your family receives recognition, accountability, and compensation in the face of tragedy. Our work is driven by the goal of holding those who have significantly and irreparably affected your life accountable. Backed by over 20 years of experience in wrongful death and personal injury law, and focused on what matters most, you and your family. 

Attorney Brian Flahavan takes a hands-on approach to every case. He works directly with families to understand their needs, fears, and goals, then builds a legal strategy tailored to securing justice. We take care of everything, from investigation to communication with insurance companies and filing the necessary court documents so that you can focus on healing. 

We also work on a contingency basis, meaning you pay no fees unless we win compensation for your family. There are no upfront costs and no added stress. 

We Know This Is Hard. We’re Here to Help. 

Losing someone you love, mainly because of someone else’s negligence or wrongdoing, is more than just heartbreaking. It’s devastating. It leaves families not only grieving but also overwhelmed by questions, financial uncertainty, and a deep need for justice. We know you didn’t ask to be in this position, and we’re so sorry that you are. 

At Flahavan Law, we understand that no legal process can bring back your loved one. However, taking action can help bring clarity, accountability, and a sense of purpose to what might otherwise seem a senseless loss. You deserve answers. You deserve to have your loved one’s story heard. And you deserve a legal team that treats your case with the care, dignity, and compassion it deserves. 

Attorney Brian Flahavan is recognized not only for his legal expertise but also for his empathy. He’ll listen to you, stand with you, and fight to make sure the full weight of your loss is acknowledged by the courts, by the insurance companies, and by those responsible. 

We’re here to alleviate the legal burden so you can focus on your healing. From investigating the circumstances of your loved one’s death to securing fair compensation for your family’s future, we will guide you through every step with patience, transparency, and respect. Let us be your voice and help you find justice. Reach out today to talk about your experience in a confidential consultation.