Filing a Wrongful Death Suit Has Strict Guidelines
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Although you may have lost your favorite niece or nephew in a car crash or other accident in California, you can't file even file an amicus brief in a wrongful-death suit because you are a second-level relative, unless you can prove that you were the primary caregiver of the victim. The way the the system works in California. Not only is the time limit short in filing wrongful-death actions, but the degree of relationship to the deceased is the key.
According to California law those who can file a wrongful-death suit – with no questions asked – include relatives of the first-degree (it sounds funny saying it like that but it is true). The include:
• Surviving spouse or partner of the decedent.
• Children of the surviving spouse or decedent.
• Offspring of the first-degree, once-removed such as the surviving children of a child who may have been killed in an accident.
• Failing that close degree of relationship, it then falls to those who would’ve as beneficiaries of a will.
This next category opens a whole can or worms that the courts must decide. Of course, direct heirs such as children, spouses or partners are, of course entitled, but then you run into the phrase “putatitive.” Let's say, for a moment, that and incident involves a couple named Sally and John Smith, who have been living as common law husband and wife for 20 years. They just never took the time to marry, but have lived and believed they are married (there are states that say seven years common law marriage makes a marriage real).
Now, let's say that John is killed in a work accident. The company, of course, would argue that Sally has no legal right to any part of John's estate nor does she have a the right to file the suit. In this instance, though, the company would be wrong because Sally and John believed they were married and lived a monogamous life as husband and wife, just without the benefit of the court or a church. In this case, the court will rule that Sally is the “putative” wife of John because they lived together and believed they were married. Their offspring are also entitled to sue.
Then, of course, there are the minor victims of the suit, who have the right to file. Of course, children, stepchildren and adoptive children have the right to file, but, did you know that if a child has lived with a family for 180 days, they have the right to file, as well, if the decedent is responsible for at least 50 percent of their living expense.
That's why you do need a lawyer to navigate the murky channels of wrongful death law in California. You need someone who is expert at ensuring those who deserve protection get it and those who don't deserve it, don't get it.
ABOUT THE AUTHOR: John N, Demas
John N Demas, Sacramento Personal Injury Attorney, is the founding partner of the Demas Law Group, P.C. and has been exclusively representing injured victims for twenty years. John is passionate about helping people and has earned a stellar reputation in the community for his dedication and successful results for his clients. He has extensive trial experience with several multi-million dollar verdicts, including one of the largest verdicts ($4,500,000) ever against Sacramento County and the largest verdict in Tuolumne County ($2,500,000).
Copyright Demas Law Group, PC
More information about Demas Law Group, PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
• Surviving spouse or partner of the decedent.
• Children of the surviving spouse or decedent.
• Offspring of the first-degree, once-removed such as the surviving children of a child who may have been killed in an accident.
• Failing that close degree of relationship, it then falls to those who would’ve as beneficiaries of a will.
This next category opens a whole can or worms that the courts must decide. Of course, direct heirs such as children, spouses or partners are, of course entitled, but then you run into the phrase “putatitive.” Let's say, for a moment, that and incident involves a couple named Sally and John Smith, who have been living as common law husband and wife for 20 years. They just never took the time to marry, but have lived and believed they are married (there are states that say seven years common law marriage makes a marriage real).
Now, let's say that John is killed in a work accident. The company, of course, would argue that Sally has no legal right to any part of John's estate nor does she have a the right to file the suit. In this instance, though, the company would be wrong because Sally and John believed they were married and lived a monogamous life as husband and wife, just without the benefit of the court or a church. In this case, the court will rule that Sally is the “putative” wife of John because they lived together and believed they were married. Their offspring are also entitled to sue.
Then, of course, there are the minor victims of the suit, who have the right to file. Of course, children, stepchildren and adoptive children have the right to file, but, did you know that if a child has lived with a family for 180 days, they have the right to file, as well, if the decedent is responsible for at least 50 percent of their living expense.
That's why you do need a lawyer to navigate the murky channels of wrongful death law in California. You need someone who is expert at ensuring those who deserve protection get it and those who don't deserve it, don't get it.
ABOUT THE AUTHOR: John N, Demas
John N Demas, Sacramento Personal Injury Attorney, is the founding partner of the Demas Law Group, P.C. and has been exclusively representing injured victims for twenty years. John is passionate about helping people and has earned a stellar reputation in the community for his dedication and successful results for his clients. He has extensive trial experience with several multi-million dollar verdicts, including one of the largest verdicts ($4,500,000) ever against Sacramento County and the largest verdict in Tuolumne County ($2,500,000).
Copyright Demas Law Group, PC
More information about Demas Law Group, PC
View all articles published by Demas Law Group, PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
