Who can file a wrongful death lawsuit?

In California, the victim’s spouse has the right to file, then the victim’s children.  If the victim was not married or did not leave children behind, then the right to file suit goes to the victim’s parents, and siblings.  Today, grandparents are starting to gain the right to sue as well.  In most states, the person suing on behalf of the victim has to be a blood relation. However, in California some “partners” are being able to sue as well. The attorneys at the San Jose law firm of Mitchell Law can explain the law, process and your rights to you.

What can and can’t be done regarding who can file

Each state has its own set of rules and regulations, the following are some ideas of what can and can’t be done.  Regarding minor children, sometimes a legal guardian must be appointed to ensure the interests of the minor rather than the interests of the spouse or anyone else, or in some cases if the minor is the only member left.  Regarding distant relatives and other legal dependants sometimes grandparents are being allowed the “right” to sue.  If a family member caused the death of another family member the family cannot sue that person for wrongful death.

In order to better understand your rights and how you should best proceed call the wrongful death attorneys at the Mitchell Law firm for help.  We’re here to help you through this devastating time.

Limitations on awards depending upon relationship

Depending upon how the law defines your relationship to the deceased your rights to sue can be limited or restricted.  When dealing with any type of suit, damages can vary greatly.  Wrongful death is no exception.  How much can be awarded is going to fall greatly to what the “legal” relationship was.  There are also limitations as to the maximum amount that can be awarded as damages.

If you’re in the San Jose area, and you find yourself in this very difficult situation, call our The Mitchell Law Firm at 866-616-9947 or fill out our web form and let us explain your rights and what kind of damages that can be claimed.