Wrongful Death

Wrongful death cases, stemming from personal injury incidents, are both heartbreaking and legally intricate. These tragic scenarios arise when an individual sustains severe injuries due to an accident or event, ultimately resulting in their demise. Wrongful death claims emerge when the demise is caused by the negligence, recklessness, or deliberate actions of another party. Notably, not everyone has the legal right to file a wrongful death lawsuit. In California, only the surviving spouse, domestic partner, or children of the deceased are eligible to file a claim. In the absence of these individuals, other relatives such as parents, siblings, nieces or nephews, grandparents, and other close relatives may be permitted to file a claim. Establishing the relationship may be necessary for filing a claim, but this can be achieved with documentation such as birth certificates, marriage licenses, and other relevant records. Although several parties possess the right to file a wrongful death claim, only one lawsuit per wrongful death is permissible. Therefore, for instance, a surviving spouse and a surviving stepchild are unable to initiate separate legal actions, as only one lawsuit per wrongful death is allowed.