Under California law, if your loved one is killed due to the negligence or reckless actions of another, you might be able to bring a wrongful death claim against the wrongdoer. How do you know if you are able to bring the claim? Look to California Code of Civil Procedure §377.60, which identifies all of the persons who are proper parties to bring a wrongful death case. Discuss whether you fall under one of the groups with your wrongful death lawyer:
- decedent’s surviving spouse,
- domestic partner,
- children, and
- children of pre-deceased children.
However, if there is no surviving children of the deceased, any persons, including the surviving spouse or domestic partner, who would otherwise be entitled to inherent the property of the deceased if he or she died without a will can bring the wrongful death lawsuit in Los Angeles. Additionally, if stepchildren or parents were financially dependent upon the decedent, they may also have the right to bring a wrongful death claim. Furthermore, any minor, whether or not a natural child or a stepchild, who resided in the home of the decedent for the prior six months and was dependent upon the decedent for at least one-half or more of his or her financial support also has the right to bring a wrongful death claim. As you can see, the potential list of who might be able to bring a wrongful death lawsuit in California is not short. An experienced Los Angeles lawyer will help you determine whether you have ‘standing’ to file the lawsuit.
So where do you file your wrongful death suit? The general rule in California is that when seeking damages for the wrongful death of your loved one, you can file the lawsuit either where any of the wrongdoers live, or in the county where the injury causing death occurred. In cases against government entities, you may be required to be file suit in the county of the government entity you are suing.
What’s more, if you bring an unsuccessful wrongful death case you will not have to pay the other sides attorney’s fees. However, if you are interested in winning your wrongful death lawsuit, and recovering financial damages for your pain and suffering and emotional trauma, hire the most aggressive trial lawyer in Los Angeles to help you win.
The experienced Los Angeles wrongful death lawyers at BIKLAW have the experience and knowledge you are looking for when bringing a claim for the wrongful death of your loved one. Contact BIKLAW today for more information.