In certain cases, yes, a grandchild can sue for the wrongful death of the grandparent. If the grandchild was financially dependent on their grandparent at the time of their passing, then they are eligible to file a wrongful death lawsuit.
To understand your legal eligibility, contact Maison Law today to speak with an experienced Wrongful Death Attorney.
When Can a Grandchild Sue for the Wrongful Death of their Grandparent?
A grandchild’s right to sue for wrongful death will depend on the details of their relationship with their grandparent. It also depends on whether there are any other individuals whose rights are legally prioritized over theirs.
Typically, only the immediate family is eligible to sue for wrongful death, but if a grandchild was financially dependent upon their grandparent, then they have legal grounds to file or join an active wrongful death lawsuit, concerning the untimely passing of their grandparent. Grandchildren are also eligible if their grandparent was appointed their legal guardian and fulfilled their parent’s role.
Who Can File a Wrongful Death Lawsuit in California?
Knowing who can file a wrongful death claim after the death of a loved one is an essential step in the recovery process. In most cases, this legal right is reserved for immediate family members. However, California Code of Civil Procedure 377.60 specifies the individuals who may file a wrongful death lawsuit. They include:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim. Consult with a reputable Wrongful Death Attorney to see if you are eligible to file.
How Much Time Do I Have to File a Wrongful Death Lawsuit in California?
According to the Statute of Limitations in California, eligible individuals have two years from the day they lost their loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years to file a wrongful death claim.
Another exception would be the “discovery rule.” This rule delays the statute of limitations if
- You could not have reasonably known about the wrongful death right away
- The cause of death isn’t clear until sometime after the person’s death
Contact a California Wrongful Death Lawyer
If you’re in the unfortunate situation of needing to file a wrongful death lawsuit for your grandparent, the Wrongful Death Attorneys at Maison Law are here to help you and your family manage this difficult legal process.
We understand that no amount of money can replace the loss of a loved one, but we can take legal action against the responsible party to ensure financial security for you and your family. To start the legal process contact Maison Law today for a free, confidential consultation.
