When a person passes away owing to someone else’s negligence, it can allow a wrongful death claim to be filed under the law of California. While you may have to act quickly and file the claim when you lose a family a member or loved one in an incident, such as a truck or car accident, it is essential to know if you are entitled to do so.
In California, only certain parties have the right to file a wrongful death claim. In addition, when a legally valid party files it, any other parties having a legit claim to compensation might not any longer be able to do so. Instead, these other parties would have to be named plaintiffs in the claim that preexists created by the first person to act.
People as well as parties who can file wrongful death claims in California include the deceased person’s spouse, the decedent’s domestic partner, and the departed person’s children. If none of them exists or no one wishes to file the claim, then the entitlement is extended to any person who could potentially inherit the property from the deceased’s estate based upon the estate distribution laws in the state or intestate succession.
Those who may become legally eligible to file it, and thus get compensation from the legally responsible party, include the decedent’s parents or immediate siblings, as well as named and nonrelated dependents of the deceased person. What’s more, putative spouses as well as stepchildren could obtain the right to file the claim as well, provided that they can show they were actually financially dependent on the deceased, assuming this particular relationship was not officially documented already.
Several of the wrongful claims are based on the death that results from the negligence of another party, like, for instance, one that follows a motor accident caused by a separate driver, faulty vehicle (product), a dangerous road, or medical malpractice. These claims have to be filed in a stipulated time span, called “statute of limitations”. The law of the state necessitates it to be filed inside two years of the death date.
Navigating the claim’s legalities can be just as confusing to you as it is upsetting. Therefore, you deserve the time to both collect and grieve, though at the same time, you cannot let the deadline expire. Wrongful death lawyers in California are known for impeccable talents and genuine compassion while handling such high-stake and sensitive cases.