Who Can Sue for Wrongful Death in California?

Wrongful death is a tragic occurrence wherein someone dies at the fault of another party. A lawsuit can be brought about to hold the negligent party responsible for their actions. The survivors may be able to receive compensation for their loss, the lost wages of the deceased, the loss of companionship and the funeral expenses involved. Wrongful death lawsuits were not existent in "common law," this right is fairly new, but now every state in the U.S. has some sort of wrongful death regulations. If you would like to discuss your case with a skilled San Jose personal injury attorney, do not hesitate to contact our firm. When a person dies due to the fault of another, the claim for wrongful death can be filed by any of the following parties:

  • Immediate family members of the deceased
  • Examples: spouses, children and parents
  • Life partners or financial dependents of the deceased
  • Could be a domestic or life partner
  • Distant family
  • Examples: brothers, sisters and grandparents
  • People who financially suffer from the loss

There are also laws in some states that allow parents to file a lawsuit if their fetus dies due to the fault of another person. However, this law does not exist in the state of California. The regulations regarding the filing of a wrongful death lawsuit can be found in the California Code of Civil Procedure (CCP) Section 377.60. If you have any other questions regarding wrongful death or if you would like to discuss your unique situation, contact Shea & Shea - A Professional Law Corporation. Our San Jose personal injury lawyers may be able to help you fight for the compensation that you deserve after the wrongful death of your loved one. Call today to schedule your free case evaluation!

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