Who Can Sue for Wrongful Death in the State of California?
When a physician makes a medical mistake which results in the death of their patient, any of the following individuals mentioned below can file a wrongful death lawsuit on behalf of their loved one.
When someone is killed in an accident that was brought on by the wrongful act or neglect of another, there are certain individuals who are permitted to come forward and file a wrongful death lawsuit against them. Now, every state has its own laws as to who can file suit and how long they have to take legal action. In the state of California, if a loved one of yours was killed, whether it was as a result of a medical error, in a drunk driving accident, or as a result of an on the job accident, any the following individuals are permitted to file suit against the at-fault party:
- The decedent’s surviving spouse
- The decedent’s domestic partner
- The decedent’s children
- If there is no surviving person such as a spouse, partner, or children of the decedent, then anyone who would be “entitled to the property of the decedent by intestate succession” can file suit.
- The putative spouse or the putative spouse’s children. The term “putative spouse” refers to the“surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.”
- Stepchildren
- A minor, who at the time of the decedent’s death, lived with the decedent in their household for the previous 180 days and was dependent on the decedent for “one-half or more of the minor’s support.”
[Source:California Code of Civil Procedure Section 377.60].
Now, if you are eligible to sue a party for the wrongful death of your loved one, you will need to determine what your losses are worth which will then determine whether your case is considered to be a limited civil case or an unlimited civil case. Limited civil cases cannot exceed $25,000 and an unlimited civil case are for those cases that do exceed $25,000. If you aren’t sure how much you should demand from the at-fault party, then it is best you consult with a Los Angeles, CA wrongful death lawyer as soon as possible. Not only will they be able to assess your case and determine a fair amount you are entitled to receive, but they can also help you take the necessary action to recover this amount.
If you need help determining what your damages are worth as a result of a loved one’s death, contact the CA wrongful death lawyers at The Ledger Law Firm today for assistance.
If you would like to speak with a wrongful death attorney in Los Angeles now as you are prepared and ready to take action, contact The Ledger Law Firm by calling 888-997-6479. The attorneys at this firm will not only use the knowledge and experience they have to help you obtain a successful outcome, but they will work closely with you so that you aren’t alone during this tough time.
It is important that you take the time to connect with a legal professional as soon as possible as the state of California only permits individuals to bring forward a wrongful death lawsuit within two years from the date of their loved one’s death.
The Ledger Law Firm is located at:
Los Angeles-East Satellite Office
450 North Brand Blvd.
Glendale, CA 91203
888-997-6479
Website: www.ledgerlaw.com
Los Angeles-West Satellite Office
10100 Santa Monica Blvd.
Los Angeles, CA 90067
Los Angeles-Downtown Satellite Office
811 Wilshire Blvd.
Los Angeles, CA 90017
