Losing a loved one is a devastating experience, especially when their death results from someone else’s negligence or wrongdoing. In California, surviving family members may have the right to file a wrongful death lawsuit to seek justice and compensation for their loss. Understanding who can file such a lawsuit is crucial to navigating this legal process effectively.
Understanding Wrongful Death Lawsuits in California
A wrongful death lawsuit is a legal action brought by the survivors of a deceased person whose death was caused by another party’s negligence or intentional act. These lawsuits aim to provide financial relief to the surviving family members and hold the responsible party accountable.
If you are considering filing a wrongful death claim, it is essential to consult with a skilled Los Angeles wrongful death attorney. At JML Law, APLC, we have years of experience helping families secure justice and fair compensation during these challenging times. Contact us at [phoneno] for a free consultation.
Who Can File a Wrongful Death Lawsuit in California
Under California law, only certain individuals have the legal standing to file a wrongful death claim. These individuals include:
1. Immediate Family Members
The primary individuals eligible to file a wrongful death lawsuit are the deceased’s immediate family members, such as:
- Spouse or Domestic Partner: The surviving spouse or registered domestic partner has the right to file the claim.
- Children: Biological or adopted children of the deceased may also bring a claim.
2. Parents of the Deceased
If the deceased individual was unmarried and without children, the surviving parents might have the legal right to file a wrongful death lawsuit.
3. Siblings or Other Relatives
In cases where the deceased has no surviving spouse, domestic partner, children, or parents, other relatives who were financially dependent on the deceased, such as siblings or stepchildren, may be eligible to file a claim.
4. The Personal Representative of the Deceased’s Estate
The personal representative or executor of the deceased person’s estate can also file a wrongful death lawsuit on behalf of the surviving family members or beneficiaries.
What Damages Can Be Recovered in a Wrongful Death Lawsuit
When you file a wrongful death claim, you may be eligible to recover compensation for the following damages:
Economic Damages
These include financial losses such as:
- Funeral and burial expenses
- Medical bills incurred before the deceased’s passing
- Loss of the deceased’s income and financial support
Non-Economic Damages
These are intangible losses that include:
- Loss of companionship and emotional support
- Loss of parental guidance (for children)
- Emotional pain and suffering experienced by the survivors
An experienced Los Angeles wrongful death attorney can help you calculate the full extent of your damages and fight for maximum compensation.
Why You Need a Skilled Wrongful Death Attorney
Navigating the legal complexities of a wrongful death lawsuit can be overwhelming, especially when you are grieving. A knowledgeable attorney can:
- Investigate the circumstances surrounding the death
- Gather evidence to support your claim
- Negotiate with insurance companies on your behalf
- Represent you in court if necessary
At JML Law, APLC, we understand the emotional toll of losing a loved one and are dedicated to helping families achieve justice. Contact us for a free consultation to discuss your case with a compassionate and experienced attorney.
Statute of Limitations for Wrongful Death Lawsuits in California
In California, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased’s passing. It is crucial to act promptly, as failing to file within this timeframe may result in losing your right to pursue compensation.
Conclusion
Filing a wrongful death lawsuit in California can be a critical step in achieving justice and financial security for surviving family members. Knowing who is eligible to file such a claim and understanding the potential damages are essential components of the process. If you have lost a loved one due to someone else’s negligence, reach out to the compassionate team at JML Law, APLC. Call us at 818-610-8800 for a free consultation to discuss your case and explore your legal options.
