Law

Legal Standing- Who Can File A Wrongful Death Lawsuit in Woodland Hills?

Wrongful death is when a person dies due to the negligent behavior of the other party. Not everyone can file a lawsuit in cases of wrongful death; only a few are permitted. If we talk about California, the people who are immediate family members of the person who died can file a lawsuit. 

However, in certain circumstances, people who are connected to the deceased other than immediate family members might also get to have a say and legal standing. Moreover, if there is no proper standing, it can be dismissed despite the many benefits the lawsuit has. Therefore, having someone professional to provide you with legal advice is necessary. 

Who has a legal standing in wrongful death cases?

  • Spouses have a right to file a lawsuit 

In Woodland Hills, California, domestic partners or spouses can file a lawsuit against wrongful death. Such legal standing is usually based on the fact that the survivor has a close-knit with the deceased and has been significantly impacted. 

  • Children of the person who died also have a right.

Any adopted child or biological child also has a right to file a lawsuit against wrongful death. If the child is a minor, a legal representative is hired by the court so that they can decide on the best interest of the child. Such a decision ensures that the children get the proper treatment for their loss in terms of both emotional and financial. 

  • Parents of the person who died can file a lawsuit under certain circumstances. 

In cases where the deceased has no surviving spouse or children, then the parents of the dead person can file a lawsuit. Moreover, it is specifically relevant to Woodland Hills, where children still have a strong relationship with their parents. 

  • Siblings of the deceased person may also have a legal standing.

If the close relatives or siblings were dependent on the deceased person financially, they might also have a standing in such a case. The siblings will have to show some evidence that they were actually dependent on the deceased person and the loss of the person is actually having a significant impact on their lives.

  • The rights of a putative spouse shall be considered under certain conditions. 

In Woodland, the law considers the rights of a person who has a firm belief that they are married to the deceased person, even if there is no legal proof of it. Their partner might have told them that they divorced the previous one. However, if such is not the case, then they might have to bear the consequences. Therefore, their rights are considered by the law in Woodland Hills.

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