Which Family Members Can File A Wrongful Death Suit In California?
Earlier this month, we wrote about the tragic story of two South-Central Los Angeles sisters who were struck by a semi-truck during their walk to school, where one of the girls lost her life in the accident, and the other was admitted to a local hospital in critical condition.
Our Encino, California wrongful death attorneys understand that no matter the circumstances of a loved one’s death, family members need time to heal after these devastating accidents occur. It is equally important for families to know that when they lose a loved one in an accident that involved negligence, they have rights that may include financial recovery.
How Are Wrongful Death Laws Applied To Family Members In California?
California wrongful death legislation outlines the people who are eligible to file a wrongful death claim.
Those family members are listed in order of their eligibility and include the decedent:
- Domestic partner
Where none of those relationships exist, or they are unwilling to file a wrongful death suit, the right to file is extended to other eligible family members, which can include:
- Immediate siblings
- Named, non-related dependents
The third category of family members possibly eligible to file a wrongful death claim can include putative spouses or stepchildren who were financially dependent on the person who was killed.
Who Is Responsible For Paying Wrongful Death Compensation In California?
Wrongful death is classified as the loss of life that occurs due to the negligent or wrongful actions or inactions of another, which can include intentional harm. The case is brought in a civil court, instead of a criminal court, which allows for a less strict burden of proof when determining who was at fault.
The objective of a wrongful death case is to collect compensation from the liable party who caused the death of the family’s loved one.
How Will I Know If I Have A Wrongful Death Case?
The first step in determining whether you are eligible to file a wrongful death case is speaking with an experienced attorney. At Binder & Associates, our Los Angeles County wrongful death attorneys have a proven track record in providing results for our clients, and we can guide you through the process to provide a realistic approach to pursuing the negligent party who caused your loved one’s death too.
If you have lost a loved one in an accident, and believe negligence was the cause of the crash, contact our compassionate wrongful death attorneys in Encino, California today by calling (626) 325-0765 to schedule a free consultation, and learn more about your rights in pursuing financial compensation from the person who is responsible for their death.