Auburn, CA asked in Wrongful Death for California

Q: Can I file a wrongful death suit on behalf of one parent even if the other parent refuses to do so?

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3 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: If you are a child of the person who died, you can file a wrongful death lawsuit for the loss of your parent. In such a suit, all people who are legally allowed to be parties must be part of the case. Even if such a person does not want to participate and refuses to be a plaintiff, they can be added anyway, so the lawsuit can proceed to settlement or judgement.

William John Light agrees with this answer

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Fullerton, CA
  • Licensed in California

A: A family member can open a wrongful death claim. You should contact an attorney for free to go over other details and timing of incident to facts of this case.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: One parent can sue for wrongful death of a child. If the other parent doesn't want to be a plaintiff, that parent has to be named as a defendant so that their interest can be adjudicated in the suit. "You" cannot file on behalf of a parent unless "you" are an attorney.

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