Wrongful death lawsuits are a way for those who lose a loved one due to another’s negligence or misconduct to pursue justice. In cases where an individual’s premature death is the result of either neglect or wrongful acts, a civil lawsuit may be possible. The people directly affected by an individual’s premature passing can take action to hold the business or person responsible for the tragedy financially accountable.
Wrongful death lawsuits can lead to compensation for losses ranging from medical expenses to the income that the deceased individual could have provided the family if they had not died. They can also be a source of closure, especially if the state did not prosecute the party at fault for the tragedy.
Who generally has the authority to file a wrongful death lawsuit in California?
State statutes empower multiple parties
In many jurisdictions, wrongful death lawsuits either begin with actions initiated by a personal representative or by members of the deceased individual’s family. The law in California is more flexible. The personal representative of the estate chosen by the deceased individual in their estate planning documents or appointed by the courts can initiate the lawsuit.
Close surviving family members of the deceased individual can also initiate litigation. Parents, domestic partners, spouses and surviving children are among those with the authority to take legal action seeking compensation from the party at fault for a tragedy. They are also typically the primary beneficiaries of successful lawsuits.
Under current California rules, proceeds from the lawsuit may go to cover estate costs and are also eligible for distribution among dependent surviving family members. In many cases, the personal representative of the estate may defer to family members.
However, if they fail to take action in a timely manner, then the personal representative may begin the litigation process. They may recognize that grief has prevented the family from acting and may seek to prevent the statute of limitations from expiring.
Initiating a wrongful death lawsuit can potentially give families closure and provide them with compensation after a tragedy. Those grieving a tragedy should not have to absorb the financial losses generated by the misconduct or negligence of others.