When someone is fatally injured in a car accident in the state of California, it can have a devastating emotional and financial effect on the surviving family members. No one expects to lose a loved one in such a sudden and unexpected manner. Aside from the emotional trauma that the accident causes, it can also leave the survivors wondering how they are going to support the family without the financial or household support that was provided by their loved one. Clearly the legal system cannot turn back the clock and prevent the accident, nor can it erase the pain and suffering felt by the survivors. What the legal system can do, however, with the help of a car accident attorney is provide a mechanism whereby a survivor can receive compensation from the negligent or responsible party that can help ease the financial fears faced by the family.
California allows certain people to file as a claimant in a wrongful death lawsuit. A wrongful death lawsuit is a lawsuit filed in civil court alleging that another party was negligent (at fault) and that negligence caused the death of your loved one. Only certain people are entitled to file for compensation in a wrongful death lawsuit in California. According to car accident attorney Emery Ledger of Ledger & Associates, California Code of Civil Procedure Section 377.60-377.62 sets out who may file as a claimant in a wrongful death lawsuit. The people that are considered first in line to file a wrongful death action are the decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the
Decedent by intestate succession. If none of those people file a claim as a claimant then the next group that may be eligible includes the putative spouse, children of the putative spouse, stepchildren or parents. Lastly, a minor that resided with the decedent for the previous 180 days prior to the death and was dependant on the decedent may also qualify to file as a claimant. If you are not sure whether you are entitled to file as a claimant, check with your car accident attorney for a definitive answer.
Filing as a claimant in a wrongful death lawsuit doesn’t guarantee that you will receive compensation, but with the help of an experienced and qualified car accident attorney you may be able to receive financial compensation to help you and your family through the difficult times to come. The amount of compensation that you may be entitled to can vary greatly and will depend on a number of factors. Check with your car accident attorney for a better idea of what you are entitled to in the way of compensation.
If you have any additional questions, or would like to schedule a free and detailed evaluation of your potential wrongful death claim, please contact California car accident attorney Emery Ledger at Ledger & Associates. He can be reached at 1-800-300-0001 or you may visit the firm’s website at www.ledgerlaw.com.
