If you have lost a loved one in an accident and believe you are entitled to filing a wrongful death claim, there are some crucial facts you need to know. Wrongful death claims are different compared to other types of lawsuits. To make sure that you and your family receive compensation fairly, you need to have a clear understanding of how the law will work in your benefit. This can include having an understanding about who can file a wrongful death lawsuit, which can varies depending on the state. Unfortunately, some wrongful death statutes can be very complicated. If you do not have help, it can be hard to understand the law.
Who is Allowed to File a Claim for Wrongful Death?
There are two questions to answer:
What Signifies a Wrongful Death?
Eligible family members are legally allowed to file claims in cases that involve fatal accidents caused by the neglect or violence of another person. While some criminal death cases involve wrongful acts, like shootings and other forms of violence, most cases include acts of negligence.
- Motor vehicle accidents
- Pedestrian and bicycle accidents
- Fatal falls
- Faulty product accidents
- Construction site or other job accidents
- Malpractice in hospitals
- Nursing home negligence
Who is Entitled to File Wrongful Death Claims?
If a cause of action for wrongful death exists, the next thing to figure out is who has the legal right to file a claim. This is where it can get complicated. In most cases, the family members entitled to file a wrongful death claim, including the decedent’s surviving spouse, domestic partner, children, and the person authorized to the property of the decedent
Essentially, the family members who are eligible to file a wrongful death claim in most cases are:
- The victim’s spouse or domestic partner
- The victim’s children
- The victim’s grandchildren, if their parents have passed
- Any other family members entitled to a share of the victim’s estate under California law in the absence of a will
- Anyone financially dependent on victim, including stepchildren and elderly parents
Under California’s One Action Rule, all eligible family members must file their claims in the same lawsuit and having the decedent’s representative file can help simplify this process. But it presents some other important things to consider.
One Law Group has been helping families recover compensation for wrongful death claims for years. Our attorneys are knowledgeable and can provide you with the help you need during this time. If you have any questions or are interested in learning the full extent of damages you are due, give our Beverly Hills office a call today at (844) 626-1529.