Can an Aunt or Uncle of the Deceased Person File a Wrongful Death Lawsuit?

Yes, an aunt and uncle can file a wrongful death lawsuit on behalf of their deceased niece or nephew. However, they must show that they are an immediate survivor of the deceased or the executor of the estate. Typically, immediate survivors are parents, children, grandparents, and siblings, but they can also be life partners, minors who are financially dependent on the deceased, and relatives like aunts and uncles.

If there is a will that names an executor or a legal representative for the estate if appointed by the court, that’s the person who will need to file a claim for wrongful death. It is the executor’s job to distribute any funds from a lawsuit according to the terms of the will or by California’s law of interstate succession (if there is no will).

Keep in mind that there are many issues to consider when it comes to who is allowed to seek wrongful death benefits for a loved one that died from someone else’s negligence. Our lawyers are here to guide you every step of the way, so contact us today and schedule a free consultation.

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What is a Wrongful Death Lawsuit?

In essence, a wrongful death lawsuit is a legal action that provides compensation for the loss of a loved one – specifically, a family member, spouse, or registered domestic partner. Payments you can receive may include some or all of the following:

• Cost of medical care up until the date of death
• Funeral expenses
• Pain and suffering
• Loss of expected wages and benefits (healthcare, life insurance, etc.)
• Loss of consortium
• Attorney’s fees

As you can see, some of these benefits have to do with direct monetary losses you incur upon the death of your family member. However, some of these are non-economic damages that have to do with your emotional pain and the loss of the decedent’s love, guidance, and support.

At the end of the day, there is no amount of money that can make up for what you have lost. However, wrongful death benefits can ease the burden that you and your loved ones face after a death that could have been prevented.

Claims for wrongful death can be filed against an individual, but in many cases, the party at fault is an entity, like a corporation, government agency, or leasing company. These lawsuits can be very complicated, and the burden of proof is very high when it comes to showing that someone else’s actions caused your loved one to die.

Though it can be challenging to navigate the legal process, it’s possible to achieve justice with help from an experienced wrongful death attorney. Contact Normandie Law Firm today for information on how to file a negligent death claim for a deceased niece of nephew.

Who is Allowed to File a Wrongful Death Lawsuit in California?

California’s Code of Civil Procedures, Section 377.60 lists the individuals that can file a lawsuit for wrongful death in California. It’s essential to figure out if you are on this list and where you fall in the line of succession. For now, here is a basic overview of the individuals who can sue for wrongful death:

• The surviving spouse– Aside from those who are legally married to the deceased, the term “spouse” includes registered domestic partners, regardless of sexual orientation or gender identity. In some case, wrongful death benefits may be awarded to “putative spouses,” which refer to people who believed that they were married to the deceased, but later found out that the marriage was invalid.
• Surviving children– This category can include biological and adopted children, as well as stepchildren if they were financially dependent on the deceased. Minors, as well as adult children may be eligible to file a wrongful death claim.
• Dependent Minors– this refers to underage individuals who were living with the decedent and depended on them financially for at least 50% of their needs. This can include foster children or relatives that were under the deceased’s guardianship.
• Parents– If there is no surviving spouse or child, parents of the deceased have the right to seek payment from a wrongful death lawsuit. This includes parents who relied on their deceased child for financial support.
• Other relatives – Depending on the circumstances, a more distant relative, like a cousin, aunt, or uncle may have the right to file a wrongful death lawsuit. This is a complex area of law that requires guidance from an attorney who is familiar with California’s interstate succession laws.
• Personal representative of the sstate– Commonly referred to as an executor, this individual may be designated by the deceased in their will. Alternatively, the probate court will appoint someone to serve this role and take care of legal actions, like suing an entity for death caused by careless or reckless conduct.

Please note that there can only be one lawsuit for wrongful death on behalf of a deceased individual. Thus, it’s quite common for an executor of the estate to file the claim and distribute the assets accordingly. However, there are situations where distant relatives like uncles and aunts may be the only surviving family, or they may have legal standing over other members of the family. This is why you should speak with a lawyer right away, who can determine your eligibility for a wrongful death claim.

How Much Time Do I have to Sue for Wrongful Death?

No matter who you are in relation to the victim, your deadline to file a wrongful death claim is 2 years of whenever your loved one passed away. However, the statute of limitations may be shorter depending on who you are suing. If the responsible party is a government entity, you will need to file a claim no later than 6 months from the date of death.

Government entities can include agencies, like the police department, a county agency, employees hired by the city, county, or state government, and public school districts. Liability claims against the government have a deadline of 6 months, whether you are the injured victim or someone seeking benefits upon the victim’s death.

Whether you are suing a private or public entity, our legal team is here to help, so don’t hesitate to give us a call.

Contact a California Wrongful Death Lawyer

We know how difficult it is to share your story and relive the pain of a loved one’s passing. Please know that our attorneys have decades of experience with lawsuits on behalf of surviving family members, including aunts and uncles of a deceased nephew or niece. We are ready to provide you with advice and fight for the compensation you deserve if you decide to go ahead with a claim for wrongful death.

As part of our commitment to victims and their family members, we accept all cases on contingency. That means we only get paid upon the successful recovery of your settlement from the party that was negligent in their duty of care. If we don’t bring you compensation from a lawsuit, you pay absolutely nothing, as we protect all clients with the Zero Fee Guarantee.

Please reach out to us at your earliest convenience and talk to a lawyer that can sue a case of wrongful death.

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