Are you wondering who can file a wrongful death claim in California? We would first like to extend our deepest sympathies if you have had to endure the loss of a family member or loved one due to someone else’s negligence. We want to help you recover in any way you can. Contact Bish & Cutting, APC to schedule a free consultation today.
Who Can File a Wrongful Death Claim in California? | Laws and Statutes
In Santa Clarita, you may be able to bring the claim if you are the first heir. It goes in order from the spouse, the children, or the heir to a child of the decedent if that child has passed on, too. The person who is deemed to be the claimant has one single claim. If none of these are able to be the claimant, the next people in line to bring the claim are parents, siblings, niece or nephew, and then grandparents. It may seem confusing to anyone who has not dedicated their life to helping the families of lost loved ones. A minor has a claim if they have been 50% dependent on the passed loved one and they must have been living with the passed loved one for at least 180 days before this person has passed.
Who Can File a Wrongful Death Claim in California? | Steps to Take
In a wrongful death case, the first step is to find out all the potential heirs to the claim. A person’s children, spouses, siblings, and parents all have a legitimate and valid claim as a part of the wrongful death action. However, any and all of those people do not need to be involved in seeking recovery for that claim, but they must be listed on a lawsuit and there are additional steps that can be taken to show that they’re not interested in recovery of monetary damages.
Once those people are identified, a lawsuit is filed. Depending on where the death occurred, and where the defendant resides or conducts their business, that will affect where the lawsuit is filed. From that point, we engage in discovery, which is essentially a way for us to get information from the other side under oath. They will do the same thing with the members of the family and people who knew the person who passed away. If the case is not resolved before trial, it proceeds to trial based on the information discovered.
If you need competent legal representation for your wrongful death lawsuit, please call our California wrongful death attorneys at Bish & Cutting, APC, today for a free consultation.