The death of a relative, whatever the circumstance, is a tragedy that marks the family forever. In addition, the pain worsens if said death could have been avoided or occurred due to the negligence, action or omission of third parties. The laws in Burbank, California are clear on the right to file personal injury claims for your deceased family member or wrongful death.
The attorneys at our firm have long counseled people who have tragically lost loved ones, whether due to accidents or other circumstances involving third parties. The answer to whether you can file claims for deceased relatives is yes, only you can under certain circumstances.
Who can file these types of claims?
Under the laws of the state of California, and particularly if you live in Burbank, the following people may file a claim or lawsuit on behalf of a family member who has died as a result of a wrongful death:
- The surviving spouse or partner.
- Surviving children of the deceased, including those who have been adopted.
- Suppose the person who has died does not have a partner, spouse, biological or adopted children, any person entitled to inheritance under California state probate laws includes grandparents, siblings or parents of the deceased.
Suppose none of the above persons file a personal injury claim on behalf of a loved one. In that case, other members of their family may file a personal injury claim, proving their financial dependence on the deceased person at the time of death. The following people are included:
- The “putative” spouse of the victim and their children. A putative spouse is understood to mean that person who was a partner of your loved one and who were not legally married, but it is considered an act of good faith that they were married.
- The surviving stepchildren of your deceased relative.
- Surviving parents, if they do not have the right to receive the estate or inheritance of the deceased person, as established by the laws of intestate succession. That is, if there is no will or the one left by the loved one who has died has been invalidated.