The loss of a loved one is a life-altering tragedy. Even after the grief finally subsides, the people left behind may struggle with the consequences of their loss for years to come.
Families lose years of an individual’s earning potential and their household contributions. They may have major medical costs related to their care and funeral expenses incurred after their passing. A wrongful death lawsuit is often one of the only options available for those adjusting to life after the death of a loved one.
Such lawsuits can impose financial responsibility on a business or individual who caused a tragedy through either negligence or misconduct. People are sometimes unsure of whether they have the option of pursuing a wrongful death lawsuit under California state law.
Who has the right to demand economic justice after the loss of a loved one?
Family members can initiate a lawsuit
California state statutes specifically empower the family members of the deceased party to take action after their passing. In many cases, the surviving spouse of the deceased individual has the strongest right to file a lawsuit.
The surviving children of the deceased can also initiate legal action in scenarios where the person who died does not have a surviving spouse. Other family members may also have the authority to initiate a wrongful death lawsuit.
Parents can pursue compensation after the death of a child who has not yet married or had children of their own. Other, more distant surviving family members can also take legal action if there are no living parents to initiate a wrongful death lawsuit.
Typically, only one lawsuit is possible, and the courts give priority consideration to those with the closest relationship to the decedent. Those who want to pursue economic justice may need to discuss the matter with each other and an attorney promptly. They generally only have two years from the date of their family member’s death to take action.
Learning more about California’s rules for wrongful death lawsuits can be beneficial for those who need justice after a family tragedy. Wrongful death lawsuits can provide both financial compensation and a sense of vindication for those who have lost a loved one to a preventable tragedy.
