Q: I live in California, my son was killed by law enforcement last jan 11 2023 . He suffered from betrayal trauma because h
His wife left him fir another man. He was killed by law enforcement . She is still with the man she left him for. She filed a wrongful death laws suit. She didn't even go to his funeral she did not suffer at all.
A:
I'm very sorry for your loss. Dealing with the death of a loved one, especially under such traumatic circumstances, is incredibly challenging. Your situation raises important questions about wrongful death lawsuits in California.
In California, wrongful death claims can typically be filed by the decedent's surviving spouse, domestic partner, children, or, if there are no such persons, by anyone who would be entitled to the property of the decedent by intestate succession, which could include parents or siblings. While the wife of your son has the right to file a wrongful death lawsuit, the circumstances you described, such as her not attending the funeral or not suffering emotional loss, might impact her claim, particularly the damages she can recover.
If you believe that her claim is inappropriate or unjust, it would be beneficial to consult with an attorney who can help you understand your rights and the potential for you to contest or intervene in the lawsuit. An attorney can provide guidance on how to proceed and ensure that your voice is heard in this difficult time.
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