The survivors of those who die due to the fault of another person or entity can file a wrongful death lawsuit against the person or entity that caused the death of the deceased. This usually seeks compensation for the loss of wages, and funeral expenses, etc., of the deceased person. There are different aspects of wrongful death claims, and they are usually handled by lawyers who specialize in this field. The purpose of this article is to give you an overview of the wrongful death claim, who can sue, and who can be sued.
Wrongful Death Claim
If a person dies due to the fault of another person, the survivors of the deceased have the legal right to file for a wrongful death claim. Also, keep in mind that every state in the United States, including Los Angeles, has laws regarding this. This includes claims that involve various types of fatalities like car accidents, product liability cases, and irregular medical practices, etc. Moreover, it can also be used to sue companies and government agencies if they are at fault of acting negligently, as well as intentionally resulting in the death of an individual.
Who Can Sue?
Listed below is the list of people who can be included under real parties of interest.
- Immediate family members like spouses, children, and parents of unmarried people.
- Financial dependents, life partners, and putative spouses, i.e. an individual who believes that he/she was married to the deceased.
- Distant family members like siblings and grandparents.
- All those who suffer financially due to the deceased; this includes those who are not blood-related or married to the victim.
Also, the claimants seeking compensation under wrongful death laws in California must file a single wrongful death lawsuit against the responsible party. This requirement is due to the state’s one-action rule. Furthermore, according to California’s one action rule, the claimant must include all known heirs of the deceased in the lawsuit. However, this can be a difficult task if the deceased has many heirs, and in such cases, it is always wise to seek legal advice from an attorney who specializes in wrongful death lawsuit.
Who Can Be Sued?
The employer or driver in case of an automobile accident.
- Builder or designer of a building or roadway.
- People or companies who sold products or services that caused the death of the deceased.
- Government agent or agency that caused the death of the deceased.
We hope that the article gave you a basic understanding about the wrongful death lawsuit in the state of California.