The spouse and children of the victim would usually have the first right to file and collect on a wrongful death claim. Any family member who was financially dependent on the accident victim could also take part in the claim.
The family members who can file after a tragic death are detailed in the California Code of Civil Procedure (CCP).
- The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.
Figuring Out Who Can File a Lawsuit After a Fatal Accident
Generally, the spouse or domestic partner or the adult children of the victim would be able to file a claim after the heartbreaking loss of a loved one. The lawsuit would be filed after someone’s negligence caused a devastating accident and death. It might be a reckless driver on a boulevard, or a landlord who didn’t fix a loose stairwell railing, causing a deadly fall.
The lawsuit would usually be filed by one person on behalf of the rest of the family.
One wrongful death lawsuit would cover these and potentially other family members:
- Spouse or domestic partner
- Children, stepchildren, and adopted children of the victim
- Grandchildren of the victim, if the victim’s children are no longer living
- Parents of the victim
- In some cases, the siblings of the victim
- A putative spouse, someone who believed they were married to the deceased
A personal representative named in the victim’s will can also be granted the right to submit a wrongful death claim on behalf of the family.
No matter who brings the claim, a California Wrongful Death Lawyer can help all family members back their case with evidence and demand justice and support.
Winning Support for Victimized Families
Experienced wrongful death attorneys can often win families much more in support than they could on their own.
And that support is often more about the future than the present. Families may be left with a stack of bills after a tragic accident, but the coming years must also be a focus. Spouses and children need to be able to avoid a financial disaster after losing a loved one. That means making their mortgage payments and paying for school and living expenses without the deceased’s income they relied on.
At Maison Law, we demand these and other benefits for loved ones:
- Funeral Costs.
- Lost income. The paychecks that a loved one may have contributed to support the family each month that are no longer available. This includes all financial hardships the family will face in the future.
- Lost care and guidance. The emotional support and counsel those left behind, especially a spouse and children, won’t be able to draw upon in the years to come. This can include the loss of protection and affection.
- Lost Family Moments. Support for the loss of touchstone moments in a family’s life with a loved one. This can include weddings, holiday gatherings, birthdays, and the birth of children.
- Support for parents. Parents who lose a child in a tragic accident can seek support from an at-fault party. They would receive help paying for funeral costs and medical bills. They should also secure support for the love and companionship that’s been lost in the future.
- Emergency Response Fees. The costs of ambulance care and other fees left over from an accident.
- Medical costs. Any hospital bills built up before the deceased passed on.
Contacting a California Wrongful Death Lawyer
Maison Law extends a free case consultation to all grieving families who have had a loved one taken from them due to someone’s negligence.
It’s a confidential meeting with a real lawyer, and there’s never any obligation to family members. If your family does need our help to earn more, you should know there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for your family.
