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Who can submit a wrongful death claim? | Nourmand Legal | Accident Attorneys

Who can submit a wrongful death claim?

Accidents can be really devastating for the victims and their families, but they can become an even more horrible experience if we lose a loved one as a result. In any case, we can take a civil lawsuit against the negligent party, and in the case of a fatality, we can file for a wrongful death claim. What is a wrongful death claim? In the state of California, a wrongful death claim is a civil lawsuit that states a person died as a result of another person’s negligence. To file a wrongful death lawsuit, the following criteria has to be considered:

        The death must have resulted from the accident, illness, injury or the incident in question

        The death must cause financial hardship for the surviving family members

        You must be able to prove that your loved one’s death was caused by the negligence of the defendant

        You must be able show that your loved one’s death has directly affected you and/or other members of the victim’s family.


Now, it is important to know that not everybody can file a wrongful death lawsuit, only  certain family members can file a wrongful death lawsuit. Although it varies from each state, typically it is either the immediate family or whoever manages the deceased’s estate.

Wrongful Death Lawsuits Can Be Filed By:

  • The victim’s spouse or children.
  • If there is no spouse or children, the victim’s parents may file.
  • If there are no parents, a wrongful death lawsuit may be filed by the victim’s siblings.
  • If there are no siblings, The victim’s grandparents may file.
  • Family members related to the deceased by marriage or adoption can also file a wrongful death lawsuit. If there are no living family members, the person managing the deceased’s estate can file the lawsuit.

The wrongful death damages that you can expect to recover might include:

        Funeral Expenses

        Medical Expenses

        Pain and Suffering – the deceased’s misery and discomfort prior to their death.

        Loss of Consortium

        Lost Income

        Retirement or Pension

        Punitive Damages – additional charges for the death of your loved one.

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