Did you lose a cousin in an accident? If so, you could have questions about whether or not you could file a wrongful death lawsuit for the death of your loved one. In general, only immediate family can pursue a wrongful death claim. These parties could be the surviving spouse, domestic partner, or children. However, not everyone has this type of family relationships.
If your cousin died as a result of the injuries sustained in an accident, you might be wondering whether you could file a wrongful death claim. Below, we will explain whether you can file a wrongful death claim given that you are the cousin of the victim.
Here at the Normandie Law Firm, our lawyers have many years of experience handling personal injury claims and wrongful death claims. Our team has decades of experience and is more than ready to provide you with the guidance that you need to pursue your claim and recover the compensation that you are owed. If you are ready to speak to our lawyers, contact us today.
What is a Wrongful Death Claim?
A wrongful death claim is a type of claim that can be brought forth by surviving family member of the deceased victim. The basis of wrongful death claims is that the victim died as a direct result of negligent, reckless, or even intentional acts.
Who Can File a Wrongful Death Claim?
Traditionally, only the following parties can file wrongful death claims:
- Surviving spouse or domestic partner
- Surviving children
However, some victims do not have these family relationships. If none of these parties exist, then any person that would be entitled to the decedent’s property based on intestate succession could file the wrongful death claim. These parties could include the deceased victim’s parents, siblings, or cousins. So, which of these parties is entitled to file a claim? Relatives that were living with the victim before he or she passed away will have filing preference.
In addition, it is important to note that common law spouses, their children, and even step children could have grounds to file a wrongful death claim given that they can prove that they were financially dependent on the decedent.
So, Can I Sue for My Cousin’s Wrongful Death?
Yes – given that your deceased cousin did not have a surviving spouse, domestic partner, or children, you could have the right to file a wrongful death claim. If you were living with your cousin at the time of his or her death, then you would be given filing preference over surviving parents or siblings.
Without a doubt, trying to figure out whether you have the right to sue for the death of your cousin could seem daunting. To ensure that you understand your legal options and your right to file a wrongful death claim for the death of your cousin, we recommend that you seek legal assistance with the experts here at our law firm as soon as possible.
What Compensation Can I Recover?
Some of the compensation that you could be eligible to receive if you file a wrongful death claim could include the following:
- All medical costs incurred prior to the victim’s death
- The victim’s lost earnings or the loss of financial support
- The victim’s pain and suffering prior to death
- All funeral and burial expenses
- Loss of consortium
- Punitive damages
- Legal fees
Here at our law firm, our wrongful death lawyers are more than ready to fight for your rights and help you recover the maximum recovery available. For more information about what you could be eligible to receive, contact the experts here at our law firm at your earliest convenience. Our lawyers are more than ready to provide you with the guidance that you need to recover a fair payout.
How Long Do I Have to Sue?
In California, all claims are subject to a statute of limitations, or a deadline to file. Failing to file a claim on time could result in losing the right to sue entirely. Wrongful death claims are typically subject to a two-year statute of limitations, meaning that claimants only have two years to sue. However, it is important to note that some exceptions could apply, resulting in a shorter or even a longer time to sue.
To ensure that you have a thorough understanding of the time that you have to sue, contact us today.
Normandie Law Firm is Ready to Help
Can a cousin file a wrongful death lawsuit in California? As explained above, you could have the right to file a wrongful death lawsuit for the death of your cousin after an accident. These accidents could include the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Rideshare accidents
- Medical malpractice
- Defective products
- Slip and fall accidents
- Trip and fall accidents
- Falling object incidents
- Assault and battery incidents
- Sexual assault incidents
- Workplace incidents
No matter the specific type of incident that resulted in your cousin’s death, our lawyers can help you. We have decades of experience in personal injury law and are ready to go above it all to secure a fair recovery. No amount of compensation will bring your loved one back, but it is important that the negligent party or entity is held accountable for their actions.
We offer free legal services, including free consultations and free second opinions. Whether you are looking to begin or continue your claim, you can trust that our wrongful death lawyers can provide you with all the information that you need to begin or continue your claim. To benefit from these free legal services, contact us today.
Our Zero-Fee guarantee ensures that our clients will never be required to pay any upfront legal fees for our legal services. In addition, we work on contingency; therefore, our clients will not be required to pay anything until after winning their claims. If you do not win your claim, you simply will not be required to pay anything.
Contact us at your earliest convenience to learn more about your right to sue for the wrongful death of your cousin.
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