Losing someone is always devastating, but the death of a loved one is even more tragic if it was caused by another person’s negligence. Family members can hold the at-fault party accountable and recover compensation for their loss by filing a wrongful death claim. But, the law in California only gives certain individuals the right to file a wrongful death claim. If your loved one suffered a wrongful death, it’s important to understand whether or not you have the right to take legal action.
Who Can File A Wrongful Death Lawsuit in California?
The law states that the victim’s surviving spouse, domestic partner, and children are allowed to file a wrongful death lawsuit. Other parties, including the victim’s stepchildren and parents, can only file a wrongful death lawsuit if they can prove they were financially dependent on the victim.
If there is no surviving spouse or children, the law in California allows anyone who could potentially inherit property from the victim to take legal action. This could include a number of different parties such as siblings, parents, and grandchildren.
After a loved one’s death, it’s possible that multiple parties will want to file a wrongful death claim. In this situation, it is best to have the personal representative of the victim’s estate file the claim on behalf of all of the parties involved. Once the case has been resolved, the representative will divide the compensation awarded for the wrongful death between the parties.
How Long Do Family Members Have to File A Wrongful Death Lawsuit?
Each state has its own statute of limitations on wrongful death cases. In California, the statute of limitations on wrongful death cases is two years. This means the victim’s surviving family members have two years from the date of the victim’s death to file a wrongful death lawsuit. If you file a lawsuit after this two-year deadline has passed, the court will most likely dismiss it. For this reason, family members must take legal action as soon as possible after a loved one’s death so they don’t lose the right to recover compensation.
Have you lost a loved one in a tragic accident? If so, it’s in your best interest to seek legal representation from skilled attorney Martin Gasparian right away. Mr. Gasparian will guide your family through the process of filing a wrongful death claim so you can secure the compensation you deserve. Schedule a free consultation regarding your case by calling 559-203-3333 or submitting your information at MaisonLaw.com.
