Your Life Matters. We Fight For It.

Who can initiate a wrongful death lawsuit in California?

On Behalf of | Jan 13, 2023 | Wrongful Death

There are many different types of accidents that occur in California every day. Many people suffer injuries in these accidents as well. Unfortunately, people suffer more than just injuries in accidents. Some people also die as a result. Fatal accidents are particularly devastating for the families of the victim. Trying to move on with life after suddenly losing a loved one is very difficult.

Families lose not only the love and support from the family member but they also lose the financial resources that the family member provided for the family. The victim may have earned a significant amount of the family income. They also may have been the one to fix various things around the house and perform certain chores that will be difficult to replace. In addition to losing income, the family may also incur extra expenses needed to complete the various tasks that the victim completed for the family.

The family members may be able to receive compensation for these financial losses through a wrongful death lawsuit. Usually, lawsuits are initiated by the victim, but since the victim is deceased, it is important to know who should initiate the lawsuit.

People allowed to initiate a wrongful death lawsuit

Under California law, a number of different people could initiate the lawsuit. If the victim had a will and named a personal representative, that individual could initiate the lawsuit on behalf of the estate and family. However, the victim’s spouse or domestic partner, the children of the victim, or the grandchildren of the victim, if a child is already deceased, or the parents of the victim could also initiate the lawsuit.

Losing a loved one in a fatal accident is never easy in California. There are some aspects of the victim that the family will never be able to replace. However, they can at least replace their financial loss. This can seem like a small consolation, but it can still be very valuable as the family moves on. Experienced attorneys understand the devastation fatal accidents bring to families and may be able to help guide one through it.