California Personal Injury
Laguna Niguel Accidents

Who Can File a Wrongful Death Claim

Some of the accident victim's close family members may bring a wrongful death claim, including:

• Surviving spouse.
• Children.
• Dependent stepchildren.
• Dependent minors residing in the victim's home for at least six months.
• Dependent parents.

If there are no close family members, more distant relatives may have rights to file claims.

The victim’s estate may be able to file a particular kind of wrongful death claim called a “survival action.” In a survival action, the estate sues to recover the financial compensation the wrongful death victim could have claimed had the victim survived. Cash recovered in a survival action is added to the victim’s estate, to be distributed among the victim’s heirs.

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Wrongful Death Cases

Many wrongful death cases can be settled without going to court. In other cases, your wrongful death lawyer will advise which parties to sue. Suing multiple parties could make it more likely that you will be adequately compensated for your losses.

Examples of parties who may be sued after a wrongful death accident include:

• Drivers of cars, trucks and motorcycles.
• Property owners.
• Property operators or managers.
• Franchisors and other service providers.
• Parent corporations.
• Government entities charged with maintaining public safety.
• Individuals whose violent actions caused the death.