In general, a spouse or partner of the victim, or the children of the victim, have the first opportunity to file a wrongful death claim. If a child is killed in a tragic accident, the parents would have the right to file a claim.
However, there are others who have a right to seek support and a right to file a claim in certain circumstances.
To find out who is eligible to file and who should receive support, take advantage of a free case consultation with Bakersfield Wrongful Death Lawyers. We want to sit down with families to make sure they understand their rights and the best options for earning justice.
When to Have a Lawyer for Your Family’s Wrongful Death Case
Families who lose a loved one to a terrible accident, such as a collision on Highway 99 or a drowning at a city pool, can earn support as they rebuild their lives.
But that support isn’t guaranteed, especially when insurers for those at fault rely on specialized tactics to avoid blame. Families can also find themselves facing off against corporate lawyers if a business or property owner is to blame.
A lawyer is a safeguard for families facing off against these types of challenges in the middle of an already difficult time. A skilled lawyer would fully investigate a deadly accident and make sure the evidence was front and center.
With the blame for the accident fixed on the right entity, Maison Law Accident & Injury Lawyers then focuses on getting families the maximum in support now and in the years ahead. Families always have the right to file their own wrongful death claims, but a great lawyer can often earn much more for them.
Families Can Learn About Their Best Options in a Free Wrongful Death Case Consultation
Family members will still have questions about their case. That’s natural. A lawyer can help them decide whether legal action is appropriate and what their case may be worth. A lawyer also helps clear up confusion about who can file a claim and receive compensation.
We have made available a free, no-obligation case consultation for all family members after an accident in Kern County. We can help families seek justice, no matter where they live. This case review is always confidential.
It’s also important for families in mourning to know that if they require a lawyer’s help, they won’t have to find the money to hire a legal representative.
Maison Law Accident & Injury Lawyers doesn’t charge any upfront fees. What’s more, we don’t get paid unless our case on behalf of the family meets with success. Even then, families don’t have to worry about getting a lawyer paid. The attorney’s fee comes out of the settlement check that insurers must write.
The Support Families Should Expect in a Wrongful Death Claim Settlement
Families can try to pay burial costs and leftover medical bills, and suddenly fall way behind on normal monthly bills like rent, a mortgage, and even utility bills. The problem is made even worse when paychecks from the victim’s place of work stop arriving to support the family.
It’s a frightening situation, and it’s why California empowers families to seek economic support for the future.
A lawyer would demand support for these and other damages for clients:
- The full cost of a funeral
- Support for the loss of the victim’s paychecks that may have been used to support a spouse, children, and others each month
- Support to pay hospital bills and emergency response fees left behind by a victim
- Support to help families cope with the emotional trauma caused by the loss of a beloved family member
- Support for the care and a sense of safety and protection that families have lost
- Support for the special moments in life that must now occur without a precious loved one, such as graduations, holidays, and the birth of children
Who Is Allowed to File a Wrongful Death Claim in California?
California would usually give the first right to file a wrongful death claim to a spouse. A member of the family would usually file on behalf of the rest of the family. Beneficiaries would usually be anyone financially dependent on the deceased.
These are some of the close relatives who can file:
- Spouse or registered domestic partner
- Children and adopted children of the victim
- A personal representative named in the victim’s will
- Parents, in the case of the death of a young child
If the deceased had none of the above, others could file:
- Parents of an adult victim
- Siblings of an adult victim
- Stepchildren
- Any minors who lived with the victim for an extended period and were financially dependent
Of course, a skilled Bakersfield wrongful death lawyer can always file on behalf of the family or on behalf of an individual. A lawyer will know what evidence is required to earn families the most for their anguish and financial issues.
Others That May or May Not File a Wrongful Death Claim
In California, some people may be legally blocked from filing.
- The Boyfriend or Girlfriend of the victim may not be able to file unless they had reason to believe they were married to the deceased, only to find out the marriage wasn’t legal. If a significant other can prove they were financially dependent for more than half their living expenses, they may also be able to file a claim, but this can be difficult to prove sufficiently.
- Grandparents could file a claim if the victim had no spouse or children and they were financially dependent. Grandparents who are raising children can also file a claim if a child is killed in a tragic accident.
- An Ex-Spouse would not usually be able to file a wrongful death claim. An ex-wife or ex-husband could file on behalf of a minor child the couple shared. An ex might also be able to file if they had reason to believe they were still married.
It’s important to remember that anyone named as a beneficiary in the deceased’s will could still earn an award, even if barred from filing a wrongful death claim.
Contact a Wrongful Death Lawyer in Bakersfield
If you lose a family member to an accident that someone’s negligence caused, contact us to schedule a free consultation. It’s a confidential, no-obligation review of your case with a real, local attorney. Martin Gasparian has helped families in your situation before. He’s ready to handle any case with as little disruption to your family as possible.
We never want to see Bakersfield families forced to agonize over their financial security while also mourning the loss of a precious life. Let us make sure you receive everything needed for your family to rebuild your lives.
Families in mourning don’t need to worry about how they’ll pay a lawyer. Maison Law Accident & Injury Lawyers of Bakersfield only gets paid if we win the case for your family. Your family isn’t charged if the case fails. After a successful case, our attorney’s fee comes out of the settlement check that an insurer must write for loved ones.