Who Can File a Wrongful Death Lawsuit in Anaheim, California?

Who Can File a Wrongful Death Lawsuit in Anaheim, California?

What is a Wrongful Death Lawsuit? A wrongful death lawsuit is a legal action that can be brought in the civil justice system when an individual dies due to the wrongful act or neglect of another person. Neglect or negligence refers to the failure to act with the correct amount of care based on circumstances.

The Decedent’s Surviving Spouse The surviving spouse or registered domestic partner of the decedent has the right to file a wrongful death claim in the California courts. This is the primary party with the right to file. The spouse can also waive the right of priority to allow someone else to file, if desired.

Children And Grandchildren If the decedent has no surviving spouse, any surviving children can file a wrongful death lawsuit with the help of an Anaheim wrongful death lawyer. This includes biological children, stepchildren, and adopted children. It also includes surviving grandchildren if the decedent’s children are deceased.

Dependent Minors If other minors who aren’t the decedent’s legal children lived with the deceased person for at least six months prior to the victim’s death, these children may have the right to file a wrongful death claim with an Anaheim wrongful death lawyer. However, they must prove that they were dependent on the deceased for care and at least half of their financial support.

Those Entitled To Compensation Through Intestate Succession If none of the family members listed above survived the deceased person, other individuals may be entitled to file a wrongful death claim based on the laws of intestate succession of California. These laws allow heirs, beneficiaries, and next of kin to file.

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