Who Can File a Wrongful Death Lawsuit in CA?

Losing a loved one in a tragic accident is a heartbreaking experience. Not only must you and your family grieve over the devastating loss, but you must also deal with the funeral and burial expenses and dividing the decedent’s (deceased person’s) estate.

Whether you lost a family member due to negligence or malice, it is possible to file a wrongful death lawsuit in order to recover financial compensation for your loss. While no amount of money can ever bring back your loved one, the monetary damages can help lift the burden of having to pay for any expenses related to his/her death.

According to California law, the following family members (or their personal representatives) can file a wrongful death lawsuit in the state:

  • The decedent’s surviving spouse
  • The decedent’s domestic partner
  • The decedent’s children

If none of the aforementioned parties exist, or if none wish to file a wrongful death claim, those who could potentially inherit the decedent’s property can file the lawsuit. This could include the decedent’s parents, siblings, grandchildren, punitive spouses, and stepchildren.

In order to recover monetary damages in a wrongful death lawsuit, you or a family member must prove the following elements:

  • A family member has passed away
  • The death was the result of another person’s negligence or intent to cause harm
  • Due to the untimely death, the surviving members of the decedent is suffering monetary injury
  • A personal representative for the decedent’s estate was determined

If you are interested in filing a wrongful death lawsuit in Pasadena, look no further than Tedford & Associates. With more than 35 years of legal experience, our knowledgeable personal injury attorney can guide you through the complexities of the legal process and protect the rights and best interests of your family. We can handle meet all of the deadlines, handle all of the paperwork, negotiate with insurance companies, and maximize your entitled settlement while you and your family grieve in peace.

For more information about our compassionate legal services, contact us and schedule a complimentary consultation today.


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