Unique Aspects of a Fullerton Wrongful Death Case

If your family member died because someone acted negligently, you may have the right to file a wrongful death claim. These claims entail nuances that may be hard to navigate, especially while you are grieving.

An experienced wrongful death attorney can explain the unique aspects of a Fullerton wrongful death case and help you seek compensation. Delegating all legal action to a qualified attorney can help you achieve a fair case outcome.

Who Is Eligible to File a Wrongful Death Claim?

One of the special aspects of a wrongful death case is the eligibility for taking legal action in Fullerton. Not all family members have the right to claim damages related to the death of a loved one. The eligible parties include:

• Surviving spouse or registered domestic partner: The person legally married to or in a registered domestic partnership with the deceased at the time of death
• Biological, adopted, or stepchildren: Any child of the deceased, whether by birth, legal adoption, or through marriage
• Grandchildren of the deceased: Potentially eligible if a child of the deceased has also passed away
• Dependent household minor: Minor children who lived with the deceased for at least 180 days before the death and relied on them for financial support
• Financially dependent parents: Parents who received financial assistance from their deceased child

If the deceased left behind no surviving spouse, children, or dependent parents, other relatives may be eligible to file a claim. This can be done according to California’s intestate succession rules.

Comparative Negligence in California

Since California is a comparative negligence state, your family can still recover damages even if your loved one was partially at fault for the accident that caused their death.

For example, John Doe dies in a car accident. An investigation reveals that another driver ran a red light and struck John’s vehicle. However, evidence also shows that John was speeding at the time of the collision. The court determines that the other driver was 80% at fault and John was 20% responsible for the accident. In this unique case, if John’s family files a wrongful death claim in Fullerton for $100,000, they can only recover $80,000 (20% less than $100,000).

Understanding Survival Action Rights

Survival action is another important, uncommon aspect of a Fullerton wrongful death claim.  If your family member did not die immediately after the incident and required medical assistance for a period before their death, your family could file another claim separately from a wrongful death lawsuit. You have the right to file a personal injury claim on behalf of the deceased since they cannot file it themselves. You may recover damages for medical expenses, lost wages, and pain and suffering.

Discuss Unique Aspects of a Wrongful Death Case With an Experienced Fullerton Attorney

If you are planning to file a wrongful death claim, you need to speak to an experienced attorney. Discussing all the unique aspects of a Fullerton wrongful death case with our legal team can help you receive full compensation.

At CD Law, we can guide you through both wrongful death and survival action claims. We can handle all the legal matters so you can focus on your family. Our attorneys are always available to answer your questions. Call us to schedule a consultation today