Yes, it’s possible in some cases for a stepchild to sue for wrongful death in the state of California. By wrongful death, we are talking about a circumstance where someone dies as a result of another party’s negligence or misconduct. The loss of a loved one is devastating on an emotional level, but these cases also result in financial losses that are impossible for most families to recover on their own. This is why wrongful death claims are filed by parents, children, grandparents, and other close relatives of the deceased.
However, the right to sue is a complicated issue if you are not biologically related to the victim. Most notably, what if you are a stepson or stepdaughter of someone that passed away from an accident? Are you eligible for a wrongful death lawsuit, which will provide you with compensation for funeral expenses, loss of expected income, pain and suffering, and other monetary damages?
This article is meant to serve as a resource for individuals that have lost a step-parent to an incident that was caused by another party. Please note that the information provided here is not a substitute for legal advice from a negligent death lawsuit attorney. For a detailed analysis of your rights and legal options, contact our office and schedule a free case review.
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California Law on Stepchildren’s Right to File a Lawsuit
Wrongful death compensation claims are filed by family members or spouses / registered domestic partners of the deceased. But “family” doesn’t always refer to a biological link, which is clearly the case when it comes to stepchildren. A stepson or daughter who was legally adopted by the decedent has the same rights as a biological child, so it would not be a problem for them to sue a negligent party for wrongful death of their parent.
As for those who are not the decedent’s child by law, they may have grounds to file a claim if they can prove that they were financially dependent on the victim at the time of death. For a minor stepson or stepdaughter (below 18 years of age), they must have been living in the decedent’s home for at least 180 days before the date of death and were dependent on the victim for at least 50% of their financial needs.
These lawsuits can be quite complicated, particularly if the stepchild is a minor at the time of their parent’s death. In that case, a lawsuit would need to be filed on their behalf, and important decisions will need to be made about how the funds are managed and by whom. This is why advice from a death by negligence lawsuit attorney is so important, no matter how you are related to someone that passed away from an accident.
Aside from stepchildren, there may be other potential heirs that qualify for compensation from a wrongful death lawsuit. These include siblings and their children (if the sibling is deceased) and children of previous spouses that have passed away. Sometimes, wrongful death claims are filed by the estate representative, which can be helpful when many people are eligible for compensation. A member of our legal team can help you sort out these issues and ensure that you receive the necessary funds to move forward with your life.
Average Value of a Wrongful Death Lawsuit
Based on the settlements we have recovered for other clients, we would place the average value of a wrongful death lawsuit at around $1,500,000. Keep in mind, however, that there are many factors that affect how much these cases are worth. These include, but are not limited to:
- The age of the deceased
- Their state of health at the time of the accident (any preexisting health conditions, for example)
- The decedent’s relationship to the claimant
- Estimated value of future earnings, benefits, etc., that the claimant has lost due to their family member’s death
- Value of non-economic damages, like pain and suffering and emotional distress
Ultimately, there are cases that are settled for $500,000 or less, as well as lawsuits where the victim is awarded over $3,000,000. Because there is such a wide range in settlements for wrongful death claims, it’s best to discuss the value of your case with one of our attorneys.
How Long Do Wrongful Death Cases Take to Settle?
The time required to settle a claim for wrongful death can be anywhere from just a few months to over 3 years. If we had to come up with an average timeframe, we would say 1 to 2 years is a good range to keep in mind. That’s not to say that your lawsuit can’t be settled in 6 months or less, but as a general rule, these cases are more complex than claims that are filed by the injury victim. With that in mind, it’s safe to say that the majority of lawsuits for death by careless or reckless conduct take at least 12 months to resolve.
Time Limit to File a Claim for Wrongful Death Benefits
As someone that is entitled to benefits from a wrongful death claim, you have 2 years to file a legal case, starting from your loved one’s death. Please note it is extremely difficult to obtain an extension if you are more than 2 years from the date of death. This is why you must take action on a claim right away with help from an experienced wrongful death lawyer. Otherwise, you will forfeit the right to sue the liable individual or entity, even if you have irrefutable evidence of their wrongdoing.
Speak to a California Wrongful Death Attorney
The legal process can be difficult to navigate, whether you are the victim or loved ones that are left behind. That’s why so many people are denied the compensation they deserve, which is unacceptable to us here at Normandie Law Firm.
To ensure that you get the help you need, we would like to offer you free legal services for the entire duration of your case. If we succeed in recovering your settlement, we will take a percentage of the payment to cover our expenses. And if we don’t win your case, you owe us $0 in legal fees under the Zero Fee Guarantee.
A wrongful death lawsuit attorney is waiting to assist you, so contact us today and schedule a free consultation.
