When a person dies due to the negligence or misconduct of another, the surviving members of the victim’s family may sue for wrongful death.

Whether it is medical malpractice that results in death, automobile accidents, hazardous conditions or substances, or criminal behavior, GBG can help.

Who may bring a wrongful death action is authorized by law, specifically in California Code of Civil Procedure section 377.60. These are the people authorized by law to bring an action for wrongful death:

  1. The decedent’s surviving spouse;
  2. The decedent’s domestic partner;
  3. The decedent’s children and issue of deceased children (if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.);
  4. If they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents; and,
  5. 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 one-half or more of the minor’s support.

The law is intricate and requires that the person bringing the wrongful death claim name all persons who may have a claim in the lawsuit. If not, it may leave the person bringing the claim liable to other possible claimants who were not included. In addition, there are certain time frames within which one can bring a wrongful death action, called the Statue of Limitations.

The death of a loved one is always a traumatic experience. Do not delay, and do not let the added complications of the law add to the stress of dealing with a wrongful death action. Let the trusted firm of GBG navigate through the various issues that come with bringing a wrongful death action and help to maximize the value of your case.