Hollister Wrongful Death Lawsuits
If you have suffered the loss of a loved one through the negligence or intentional wrongdoing of another, you may be entitled to damages. The wrongful death claim lawyers at The Grunsky Law Firm PC in Hollister can explain the elements of a wrongful death suit, including who is entitled to file for the loss.
California law requires four basic elements in a wrongful death lawsuit:
• The death of a human;
• The death is caused, in whole or part, by the negligence of another;
• Survival of family; and
• Family has suffered monetary loss as a result of the death.
When these four elements are present, there is a viable cause of action for wrongful death in California.
The claimants in a wrongful death lawsuit differ from the claimants in a personal injury lawsuit because they are not the actual victim. Instead, a wrongful death claim is filed by the dependents of the victim. The question then becomes: Who is entitled to file the wrongful death claim? California Code of Civil Procedure Section 377.60 provides a list of the individuals who have the right to sue for wrongful death. These individuals include:
• Spouse
• Domestic partner
• Children
• Parents, stepchildren and others who were dependent on the deceased for support
• A minor, if at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for support
The laws of California allow for more than one family member to file a wrongful death lawsuit. There are also specific time limitations in which to file the lawsuit.