A person in California is entitled to bring a wrongful death action when he or she can show that a close relative died as the result of the wrongful conduct of another person or corporation.
Only certain relatives are allowed to bring a wrongful death action under California law. If the decedent was married, his or her spouse at the time of death can bring a lawsuit. If the decedent also had children, the children can also bring a lawsuit. If the decedent was married, but had no children, then his or her parents are allowed to bring a lawsuit. (Even if the decedent had children, a parent who was financially dependent upon the decedent could also bring a case.) Brothers and sisters are entitled to bring a wrongful death action if the decedent has no surviving children or parents. See California Code of Civil Procedure section 377.
In the case of a death of a child, the child’s parents are allowed to bring a case.
|
