The Law Offices OfPhilip M. Tobin

Who can sue for wrongful death?

When a person dies due to the negligence or oversight of someone else, there may be grounds for a wrongful death lawsuit. However, not just anyone may file this type of case in California. According to California Legislative Information, there are only a few specific people who have the right to sue for wrongful death.

The most obvious group of people are the deceased immediate family. If your spouse died, you may bring the lawsuit. The same is true if it was your domestic partner. It is also possible to bring a lawsuit if you are the child of the person who died or someone who was financially dependent on the person. Financial dependence can be anyone who relied on that person to take care of him or financially. This might be parents or stepchildren. This may also include an ex-spouse who received financial support from the person. It is also possible for you to bring the lawsuit if you are a minor who lived with the person for the previous 180 days. You also must have been financially dependent on the person who died.

You do not have to take the case to court yourself, though. Losing a loved one is a very emotional situation. The last thing you probably want to do is spend your days in court or dealing with a legal case. In this case, you can have a personal representative bring the case for you on your behalf. This information is for education and is not legal advice.

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