You can easily read about wrongful death laws in California on the internet, but there are some things which are unclear to those who pursue compensation for the demise of their loved ones. In this post, a wrongful death attorney outlines some things in California laws that a normal claimant is unaware of.
A Lawsuit Can Only Be Filed Jointly
A unique characteristic of the laws is all possible claimants looking for compensation have to be joined in one wrongful death lawsuit in California. This means that there cannot be in excess of one legal action brought against the same guilty party. Wrongful death lawyers explain this requirement falls under the “one action rule” of California. The purpose of this particular rule is the party who is being accused of bringing about the demise of someone else does not need to juggle many lawsuits at the same time.
In addition, this makes reducing the risk of non-consistent legal results and court decisions possible. For instance, a family member taking legal action against the at-fault party with an attorney’s help might just win the case, whereas his or her relative who opted not to be represented by legal counsel did not establish all elements of their claim to substantiate the at-fault party’s liability.
Under the “one action rule” of California, a wrongful death claimant has a compulsory duty to name all potential heirs in their lawsuit.
Demise of an Unborn Kid Do Not Qualify
All cases of death do not entitle the deceased person’s family members to file a claim of wrongful death. Under wrongful death laws in California, people cannot file a lawsuit in connection with the demise of an unborn kid or fetus. The Supreme Court of California fails to recognize a fetus or an unborn kid as an individual “within the meaning of the state’s wrongful death statute,” according to wrongful death Lawyers.
In cases where people pass away from a homicide that is justifiable, it is legally not possible to bring this kind of lawsuit against the one who killed or brought about the other’s demise. Attorneys say that, for instance, if the person was killed when committing a crime, it would probably not be possible for his or her family to file a wrongful death lawsuit seeking compensation for damages.