California residents who have lost a loved one due to the neglect of another person may be able to file a wrongful death suit. This suit can include both financial losses from the incident as well as ongoing psychological and emotional impact damages. If you’re thinking of filing a wrongful death lawsuit, it’s important to determine whether or not you have standing in the case.
What is standing?
Personal injury cases refer to standing as the legal ability to bring up a suit against another. Those who have standing are those who have been impacted financially, emotionally or in another way due to an action of another person or entity. In a wrongful death lawsuit, there are various people who have standing to file a suit. These include spouses, children, parents, siblings and grandparents.
It’s vital to realize that there is an order to who can file a wrongful death suit first. Typically, states allow spouses and children to be the first ones eligible to file a lawsuit for wrongful death. In the event that they decide they do not want to, the deceased party’s parents are next in line for eligibility. This continues to the deceased person’s sibling and then their grandparents.
What you’ll need to prove for a wrongful death suit
If you decide that you want to file a wrongful death lawsuit, you and your lawyer will need to prove three main things. First, you need to prove that the defendant was acting neglectfully. Second, you’ll need to prove that the defendant’s negligence was the direct cause of your loved one’s death. Finally, you’ll need to prove that you personally have incurred damages as a result of the wrongful death. These can be damages for funeral costs, lost wages or even pain and suffering.
When a loved one dies, it can be hard to deal with. When that loved one dies as a direct result of someone else’s neglect, you may want to hold them responsible. A wrongful death suit can be an option for those closest to the victim to seek compensation from the party who was neglectful.
