Sorting Out Wrongful Death Laws in Stockton
For any person in the Stockton area, losing a loved one in a car accident is extremely devastating, and when a loved one’s death is caused by a negligent driver, Stockton families may ask “What can we do now?” In Stockton and across California, the good news is that California wrongful death laws provide a pathway for filing a wrongful death claim when someone dies because of another driver or party’s wrongful act or neglect. However, not every person has standing to bring a wrongful death claim under California wrongful death laws. Here we get to the bottom of who can bring a wrongful death lawsuit in Stockton, and where to turn for legal help with your wrongful death case.
Who Can Bring a Wrongful Death Lawsuit in California?
Under the California Code, a wrongful death action may be brought by certain family members, or by the decedent’s personal representative on their behalf. The statute specifies that the decedent’s surviving spouse, registered domestic partner, children, and issue (descendants) of deceased children have the first right to file. If there is no surviving descendent, the statute allows the case to be brought by persons, including the surviving spouse or domestic partner, who would be entitled to the decedent’s property by intestate succession. The law also covers other eligible parties: persons who were dependent on the decedent (such as stepchildren), a putative spouse who believed in good faith that the marriage was valid, and in some cases a minor who lived with the decedent for at least 180 days and depended on them for half or more of their support. What this means for families in Stockton is that not just anyone can bring a wrongful death claim. Instead, California wrongful death laws create a clear hierarchy of which family members have legal standing. Knowing who qualifies is the first step in determining whether your family can pursue compensation after a fatal car accident. Speaking with an experienced Stockton wrongful death lawyer is the best way to determine whether you may be entitled to bring a claim for compensation after a serious and fatal car accident claims a loved one’s life.
Finding Legal Help in Stockton
While no amount of money can replace a loved one’s life, a successful wrongful death claim can help a grieving family with funeral and burial expenses, lost income, and the loss of companionship and guidance from the person who was taken. If you are in the Stockton area and you lost a loved one in a fatal car accident caused by a negligent or otherwise at-fault driver, it is time to reach out to an experienced Stockton wrongful death lawyer now. The Law Firm of R. Sam is here to help Modesto, California and Stockton, California families get justice after losing a family member to a fatal car accident. Contact The Law Firm of R. Sam today and speak to a lawyer about your case now.