Who Can File a Wrongful Death Claim in California?

If you are injured because of another person’s negligence, you may be able to file a personal injury claim to recover compensation for your injuries. But, sometimes behavior can be so negligent that it causes fatalities, not just injuries. Is there any justice for the families of victims who have been killed by someone’s recklessness? In California, a wrongful death claim can be filed on behalf of the victim to recover compensation for funeral expenses, lost wages, pain and suffering, and loss of consortium.

A lot of people may grieve the lost of a close friend or family member, especially if it happens unexpectedly in a drunk driving accident or as a result of medical malpractice. But, not everyone who is affected by the loss of a loved one will be able to file a wrongful death lawsuit. Each state has its own laws regarding who is allowed to file a wrongful death claim against the person responsible for the victim’s death. California law permits the following individuals to participate in a wrongful death lawsuit:

· The victim’s spouse

· The victim’s domestic partner

· The victim’s children

If the victim did not have a spouse, domestic partner, or children, the state will allow anyone who is entitled to the victim’s property to file the lawsuit, such as the victim’s parents or siblings.

In certain cases, other parties may also be allowed to file a wrongful death claim. The victim’s stepchildren, putative spouse, or children of the putative spouse will be able to file a claim if they can prove they were financially dependent on the victim at the time of his or her death.

It’s important to note that even if you are mentioned in the victim’s will, you cannot file a wrongful death lawsuit unless you fit one of the descriptions mentioned above.

These individuals must move quickly if they want to seek justice on behalf of their loved one. The state only gives you two years from the time of the victim’s death to file a lawsuit. Two years may seem like a long time, but when you are grieving a devastating loss and struggling to rebuild your life, this time will fly by much faster than you expect. That’s why it’s always best to get in touch with an attorney as soon as possible after your loved one has passed away.

Was your loved one’s death caused by the negligent behavior of another person? If so, you may be able to file a wrongful death claim to recover compensation for your expenses, pain and suffering and more. Contact Rush Injury Law to talk to the experienced and compassionate attorney James Rush. Get in touch with James Rush today to schedule a free consultation by calling 415-897-4801 or filling out the online form on our website, www.rushinjurylaw.com .