Long Beach, CA asked in Wrongful Death for California

Q: In a wrongful death suit, whos responsibility is it to seek out any other children related to the deceased..

With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement.

Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has been completely blind

to any information regarding his father or the events surrounding his death .. Does this child have a moral right to have this case opened and reviewed.. Lastly, considering the lack of information or the irresponsible actions taken to not seek out the other child, what if any are the statue of limitations regarding such a unique case.... Thank you in advance

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Palm Desert, CA
  • Licensed in California

A: more info is needed.

was there a will or trust? did it delete kids?

the first thing I would do is inquire of the lawyer who handled the matter.

A: Typically, if the child is an adult, the adult child himself/herself should have appeared as a plaintiff.

Typically, the biggest damages awarded in a wrongful death case are loss of consortium and loss of inheritance.

Loss of consortium is another way of saying the companionship and advice of the decedent. How close the decedent and the adult child were in life largely determines how big those damages will be.

A parent who lives with an adult child could potentially means big damages. A parent who only sees the adult child at major holidays and life events means smaller damages. A totally estranged relationship can mean no damages.

If the statute of limitations hasn’t run, you may be able to do something about the settled case. If not, then probably not.

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