My Spouse Was Killed in a Motorcycle Accident in Palmdale by a Negligent Driver – How Can I Get Justice? Learn about Who Can Bring Wrongful Death Lawsuits in Palmdale under California Laws
Losing a loved one to a motorcycle accident in Palmdale is undoubtedly one of the most tragic and worst things that a person can go through. Between the terror and panic of learning about the death, to the aftermath of making funeral preparations, the death of a loved one due to a negligently-caused car accident in Palmdale can certainly impact a person’s entire life. Indeed, even after a loved one is laid to rest, other issues may crop up after a serious and fatal motorcycle accident, such as how to survive financially (if the loved one was the breadwinner of the family), how to cope with the emotional and mental pain and suffering of such a terrible loss, and how to pay back mounting medical bills from the accident.
Fortunately, in Palmdale, under California wrongful death laws, certain close surviving family members of those killed in negligently-caused motorcycle accidents are entitled to file a lawsuit in court for compensation against the driver or party who caused the death of their loved one. But who are the “close family members” that can bring a wrongful death case in Palmdale, and what can Palmdale families do to initiate a wrongful death case after a fatal motorcycle accident takes a loved one’s life? To help Palmdale families better understand California wrongful death laws and their rights under them, and how to get legal help. We answer those questions here.
California Wrongful Death Laws Applicable to Palmdale Families in Motorcycle Accident Cases – Who Can Bring a Case?
Under the California Code of Civil Procedure, only certain close surviving family members can bring a wrongful death lawsuit in court to recover compensation for their injuries and losses associated with the death of their loved one due to a negligent motorcycle accident. The California Code of Civil Procedure establishes that, “A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf….The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.” The Code goes on to list other family members that may have standing to file a wrongful death case after the death of their loved one. These family members include, “…if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased….” and “A minor…if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.” In sum, as demonstrated by the plain language of the law, California wrongful death laws entitle certain close and dependent surviving family members to bring a claim for compensation in court after a fatal motorcycle accident occurs, and the law is strict in defining who those family members are.
Getting Legal Help with Your Wrongful Death Case in California
If your loved one was killed in a motorcycle accident in Palmdale and you need legal help with your potential wrongful death lawsuit, contact the experienced Palmdale wrongful death lawyers at the Trevino Law Firm. The experienced Palmdale wrongful death lawyers at the Trevino Law Firm are here to help Palmdale families get justice under California laws. Do not hesitate to speak to an experienced Palmdale wrongful death lawyer today. Call the Trevino Law Firm and speak to a lawyer about your case now.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=377.60.
