What is a wrongful death lawsuit?
Wrongful death is a civil cause of action that is brought by the family and dependents of the deceased against the person/people that knowingly or negligently caused the death of the individual.
Now, you may ask, if the person is deceased, who can file the lawsuit for them?
In California law there are many people who can file on behalf of the deceased.
Surviving spouse
This is the most common person in a wrongful death case to file.
Domestic partner
This is a person who at the time of death was living with the person under a registered domestic partnership.
Children
Dependent minors
Parents
Other heirs
This can be close relatives of the descendent.
Personal representatives
A personal representative can include family members BUT it can also branch out to an executor that the deceased had appointed to their will or trust OR a neutral 3rd party (Attorney or guardian).
As you can see there are many people who can file on behalf of a deceased individual for a wrongful death case. However, just like all legal cases, it is always wise and best practice to consult a wrongful death attorney to understand your particular case better.
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