California’s laws regulated who is able to file a lawsuit for a wrongful death. Based on California’s Code of Civil Procedure Section 377.60, the following individuals are able to file a lawsuit for the untimely death of the person:
- The victim’s spouse,
- Domestic partner of the victim,
- The surviving children of the victim,
- If the victim’s children are deceased, the victim’s grandchildren can file suit,
- Minor children that were economically dependent on the victim for a minimum of half of their financial support,
- Any other party that would have been entitled to the victim’s assets under the state’s law of intestate succession
For people interested in filing a wrongful death lawsuit, it is important to know that the State of California has a statute of limitations for filing the suit. Under this statute, claimants only have two years from the time of the victim’s death to file the lawsuit.
Examples of Wrongful Death Cases in California
Individuals who are entitled to file a wrongful death lawsuit in California can do so in any number of cases where the victim perished as a result of another’s negligence, carelessness, recklessness, or intentional wrongful action. Under certain situations, a wrongful death lawsuit can be successful without the need to show the defendant’s misconduct. This is only the case if strict liability statutes apply to the incident.
Causes of action for a wrongful death lawsuit in the State of California can involve, but are not limited to the following:
- Automobile accidents such as head-on impacts or rear-end collisions,
- Accidents involving busses, trains, taxis, rideshare services
- Battery or violent assaults during a robbery,
- Slip and fall incidents,
- Medical malpractice cases such as anesthesia errors,
- Defective products such as the sudden explosion of a hoverboard,
- Drowning,
- Toxic torts, or
- Dog bites and attacks
The list is only a brief list of the possible situations that could lead to a wrongful death lawsuit in the State of California.
Seek the Legal Advice of a Wrongful Death Attorney
The untimely death of a loved one is a catastrophic occurrence for any person. When a person passes away, the surviving family members can suffer from the loss of the person and this is particularly true if the victim left behind a dependent that needs the victim’s income to survive. It is evident that a wrongful death case often leaves far more than just broken hearts.
If you or someone you know has recently lost a loved one because of the negligence of another person or party, consider seeking the legal advice of an attorney who has experience in handling wrongful death lawsuits.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are highly experienced in the field of wrongful death lawsuits in the State of California. The firm has dedicated their career to serve those who have had tremendous losses at the hands of negligence wrongdoers. The firm is prepared to vigorously champion for the rights of their clients. If you have any questions with regard to wrongful death cases or eligibility requirements, consult a trusted attorney as soon as possible.
