Are You Eligible To File A Wrongful Death Claim? Find Out Here
Fresno, California, is a vibrant and beautiful place to live, known for its rich culture, diverse communities, and scenic landscapes. However, like many cities, Fresno is not immune to tragedy. Accidents happen, and in the worst cases, they result in the untimely loss of a loved one.
Losing someone you care about is always devastating, but when that loss is caused by someone else’s negligence or wrongful actions, the emotional toll is even greater. In such cases, the law provides a path for justice through a wrongful death claim.
If you’re a surviving family member in Fresno, you may have the legal right to pursue compensation and hold the responsible party accountable. In this article, we’ll explain who can file a wrongful death claim, under what circumstances, and why working with a qualified Fresno wrongful death lawyer is essential to navigating this complex legal process.
No. 1
Who Can File a Wrongful Death Claim?
Eligibility to file a wrongful death claim is determined by California state law.
While the specifics can vary, the following individuals and groups are generally permitted to bring forward a claim:
1. Immediate Family Members
In most cases, immediate family members are given priority in filing a wrongful death lawsuit.
These include:
Spouses – A surviving spouse can file a claim if their partner’s death was caused by another’s negligence or misconduct.
Children – Minor or adult children of the deceased may also file a claim, particularly if they were financially dependent or if there is no surviving spouse.
Parents – If the deceased was unmarried and had no children, the parents may be eligible to file a claim—especially if they were financially dependent on the deceased.
2. Financial Dependents
In some situations, individuals who were financially dependent on the deceased but are not immediate family members may still qualify to file a wrongful death claim.
This can include:
Domestic partners
Dependent stepchildren
Other individuals who relied on the deceased for financial support
3. Representatives of the Estate
In certain cases, a representative of the deceased’s estate—such as an executor or administrator—may file the wrongful death claim on behalf of the eligible family members. If no representative was named in the deceased’s will, the court may appoint someone to fulfill this role.
The estate representative is responsible for filing the claim and ensuring that any compensation awarded is distributed to the rightful beneficiaries.
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No. 2
When Can You File a Wrongful Death Claim?
Wrongful death claims can be filed under several circumstances, all of which involve the preventable death of an individual due to the actions or negligence of another party.
Common scenarios include:
Negligence
This is one of the most common grounds for a wrongful death claim.
Examples include:
Car accidents caused by reckless or distracted drivers
Medical malpractice resulting from diagnostic errors or surgical mistakes
Slip-and-fall accidents due to unsafe property conditions
Intentional Acts
If a person’s death was caused by an intentional act—such as assault or homicide—the family may file a wrongful death claim. This civil action is separate from any criminal charges the perpetrator may face.
Defective Products
Manufacturers and distributors can be held liable if a defective product causes a fatal injury. Examples include:
Faulty car parts
Dangerous pharmaceutical drugs
Defective medical devices
Unsafe consumer products
Workplace Accidents
If a person dies due to unsafe working conditions, lack of proper training, or employer negligence, surviving family members may have grounds for a wrongful death claim against the employer.
Takeaways
The loss of a loved one is one of life’s most painful experiences—made even more difficult when that loss is caused by someone else’s negligence or wrongdoing. In Fresno, survivors have the legal right to seek justice through a wrongful death claim.
Understanding who can file, when you can file, and what circumstances qualify is crucial. However, navigating this legal process can be overwhelming during a time of grief.
That’s why working with an experienced Fresno wrongful death lawyer is so important. A skilled attorney can help you gather evidence, understand your rights, and pursue the compensation you and your family deserve.
If you’ve lost a loved one due to someone else’s actions, don’t face the legal system alone. Reach out to a trusted legal professional in Fresno who can guide you through this difficult journey with compassion and expertise.
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