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Who Can File a Wrongful Death Lawsuit?

wrongfulldeathIf you have lost a loved one due to the carelessness or neglect of a third party, filing a wrongful death lawsuit can help a grieving family obtain the justice they desire as well as help with the financial burden a family often faces.  In order to file a wrongful death claim, you must meet certain requirements.

Who has the standing to bring a wrongful death claim?

California law provides that only certain family members may bring a lawsuit for the wrongful death of a loved one.  Only those persons expressly set forth in the wrongful death statutes have the standing to bring a claim, and are as follows (in order of eligibility):

  • The victim’s spouse, domestic partner, children and children of any deceased children;
  • Parents, followed by siblings;
  • Children of deceased siblings;
  • Grandparents, followed by their lineal descendants.

Additionally, anyone who can prove they were financially dependent upon the deceased victim at the time of death can also bring a wrongful death claim. This group includes common-law spouses, their children, and step-children and parents.

Consult with an Experienced Wrongful Death Attorney

The attorneys at Martinez & Schill LLP understand how devastating it can be for families that have lost a loved one due to another’s negligence or wrongdoing.  We can assist you understand your legal options if a loved one has been the victim of wrongful death. Please call our San Diego office at 619-512-5995 or our Riverside office 951-200-4630 to discuss your case with a compassionate and experienced wrongful death lawyer.  We offer free consultations and don’t get paid until we recover compensation for you.  Contact our office today.

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