Yes, those who were adopted can file for the death of a parent, i.e., for wrongful death in the state of California. These refer to incidents of death resulting from another party’s negligence, such as:
- Car accidents, including being hit as a pedestrian
- Slip and fall or trip and fall accidents
- Plane or helicopter crashes
- Workplace death
- Intentional or accidental shooting
- Death caused by collapsing structure or falling object
- Assault and battery
- Death from COVID (misdiagnosis, infection due to negligence)
It may seem strange, maybe even distasteful, to file a lawsuit following a family member’s death. However, loved ones are left with monetary losses, like funeral costs and medical bills, so they have a right to request payment to cover these expenses. If the claimant was financially dependent on the deceased, they can file a claim for loss of expected savings and benefits. Finally, a wrongful death claimant may also qualify for non-economic damages, like pain and suffering.
We know you have a lot on your mind right now, but it’s essential to protect yourself by learning about your rights as a victim of negligence or misconduct. Contact us today and schedule a free case evaluation.
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What Makes a Death “Wrongful?”
To put it simply, a wrongful death claim is a legal action filed by family members of the decedent against the party that’s liable for their loved one’s death. This type of lawsuit allows surviving relatives to recoup their monetary losses and receive compensation for the pain and suffering associated with a senseless death. A wrongful death is defined by the following factors:
- Your loved one died from an accident
- The accident was caused by careless or intentional conduct by someone else (negligence)
- Because of the death, surviving family members incurred monetary damages
Even if you can prove these elements, there may be confusion over who is allowed to file the lawsuit. Generally, the right to sue for wrongful death is limited to immediate family members, but the executor of the state can also file the claim. You normally see this in cases where multiple people are entitled to compensation, so it’s best for the executor to obtain the funds and distribute them accordingly.
Can an Adopted Child Sue for the Death of a Mother or Father?
Yes, surviving children of the victim, whether they are biological or legally adopted, can file a wrongful death lawsuit. Stepchildren may be eligible for a claim as well if they were financially dependent on the deceased.
Please note that there if there is a surviving spouse or registered domestic partner, this person has the primary right to seek compensation for wrongful death. So, any children of the deceased cannot file a wrongful death claim unless the surviving spouse waives their right to do so. Other parties that may be eligible for wrongful death compensation are as follows:
- Parents, if they were finally dependent on the victim
- Dependent minors living in the household, as long as they lived at the residence for at least 6 months and relied on the decedent for 50% or more of their financial needs.
- Siblings of the deceased (for death of a brother, sister, or another adopted sibling)
- Children of deceased siblings
There are other parties that can be defined as “next of kin” if there are no immediate relatives that can file a claim. A wrongful death attorney at our office can verify your right to payment during a free consultation and ensure that you are fairly compensated by the responsible party. We are here to help 7 days a week, 24 hours a day, so please call if you are wondering, “What are my rights under California law if I am eligible for a wrongful death claim?
Average Amount of Compensation for Wrongful Death Lawsuits
The amount of compensation for a wrongful death claim is generally 6 to 7 figures, with the most extreme cases resulting in payments close to or over $10,000,000. Based on the victim’s age, their role in the family, negligence by the defendant and other factors, settlements can range from $500,000 to $5,000,000, so if we had to settle on an “average” amount, $1,500,000 may be a good number to keep in mind. But this is solely an estimate, so please talk to one of our attorneys to learn the actual value of your own lawsuit.
How Long will it Take to Settle my Lawsuit?
It takes anywhere between 6 and 24 months to settle a claim for wrong death, and even longer than that if your case has to be tried in court. Cases generally don’t go to trial, meaning that both sides eventually come to an agreement on how much should be paid to the victim’s family. Because these lawsuits are more complicated than personal injury claims, we would say 1 and 2 years is a realistic timeline, though there are many factors that can speed up or slow down the process to reach a wrongful death settlement.
Statute of Limitations for a Wrongful Death Claim
If you lost your loved one to a death caused by negligence, you have 2 years to file a claim for wrongful death benefits. That’s 2 years starting from your loved one’s death, not the date of the accident, which is very important to note. In addition, the 2 year deadline is a legal requirement imposed by the California court system. As a general rule, the courts will not allow an extension past the statute of limitations, so your right to sue is invalidated simply for not filing the paperwork in a timely manner. A lawyer experienced in wrongful death cases at our office is here to help you every step of the way, so reach out to us as soon as possible.
Free Consultation with a Wrongful Death Lawyer
The legal system is challenging to navigate, even if it’s clear that you are owed compensation as the loved one of an accident victim. As a result, those who choose to represent themselves often run into problems that compromise their legal rights.
Our wrongful death benefits lawyers are here to offer advice and guidance on a lawsuit for negligent death. If pursuing a claim is right for you, we will provide you with a Zero Fee Guarantee, so there’s no need to pay us for the cost of legal services. Once we obtain your settlement, a portion of it is deducted for our expenses, which is the only way we get paid.
If you would like to explore your rights and legal options with an accidental death lawsuit lawyer, please contact our office.
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