Are you a stepparent, meaning you were married to someone that had a child or children from a previous relationship? Many stepparents fulfill the duties and obligations of a biological parent, with the same love and devotion they would have for their biological kids. In spite of their dedication, stepmothers and fathers do not have parental rights, except in cases where they officially adopt the child. Thus, it’s natural for stepparents to assume that they do not have the right to file for wrongful death benefits if the child passes away from negligence by another party.
Losing a child, biological or not, is an extremely traumatic experience that no one wishes to go through. When the fatality occurs as a result of negligent or reckless acts by someone else, the pain of losing a child is even worse. For those who are affected by this tragedy, it’s important to speak to a lawyer about the available legal actions, like filing a claim for negligent death against the liable entity.
Our law firm has many years of handling wrongful death cases on behalf of spouses and family members, including step mothers and fathers in the state of California. We are more than ready to educate you on your rights and guide you through the legal process from start to finish. Please contact Normandie Law Firm today and talk to a lawyer that can help you sue for wrongful death as a stepparent.
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Am I Allowed to Sue for the Death of My Stepchild?
It’s understandable that you are confused about your rights when it comes to managing the affairs of a stepchild that passed away. As we mentioned before, the rights of the biological parents are absolute in most cases, except where the stepparent is legally declared as the guardian or adoptive parent. With that in mind, it may seem like there is no circumstance that allows for stepparents to initiate a claim for negligence resulting in death. However, there are instances where someone can seek payment from a wrongful death lawsuit for losing their stepson or stepdaughter.
To see if you are eligible for a lawsuit against the party that caused the death of your loved one, contact our law firm immediately. We can provide answers to all your questions, which may include:
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Can I file a lawsuit for the death of my stepchild?
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What if I have multiple stepchildren that died in an accident caused by negligence? Can I file a claim?
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Can stepparents sue for a stepchild’s death in California?
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What rights do I have if my stepson or stepdaughter was killed by someone else?
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How do I exercise my rights as a stepmother or stepfather?
What is Needed to File a Wrongful Death Lawsuit as a Stepparent?
If you lost your stepdaughter or stepson because of another party’s negligence or willful misconduct, it’s possible that you may be entitled to monetary damages. In order for to go ahead with a lawsuit as a stepfather or stepmother, you must demonstrate that you were financially depended on the deceased for basic needs like rent, medical care, food, clothing, and utility payments. If you can show a level of dependency to where the stepchild’s death causes you significant financial hardship, you may have grounds to file a compensation claim against the individual or entity at fault.
For a more detailed explanation of your right to sue for wrongful death of a stepchild, please take a moment to schedule a free consultation.
Compensation Available for Wrongful Death Claims
Once it is determined that you are eligible for wrongful death benefits as a stepparent, you are likely to have questions about the payments that you can receive by filing a lawsuit. Compensation for surviving family members may include some or all of the following damages:
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Medical bills for the decedent’s care up until the date of death
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Costs related to the victim’s funeral, cremation, memorial services, etc.
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Value of income and benefits that resulted from the victim’s death
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Loss of consortium
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Pain and suffering
Each of these categories translate to an amount that’s based on the details of your loved one’s death, your monetary losses, and the emotional distress you are going through. Because this information is specific to each person that loses someone they love, a one-on-one consultation with a wrongful death lawyer is critical. Don’t hesitate to give us a call if you have any questions or concerns about suing for wrongful death when you are not a spouse or biological relation of the deceased.
Statute of Limitations – How Long Do I have to File a Lawsuit?
No matter how you are related to someone who passed away under negligent circumstances, it’s essential to understand the deadline for a wrongful death lawsuit. Under California law, you generally have 2 years from the death of a loved one to file a legal case for compensation. As you can see, there is a definitive limit on how much time you have for a wrongful death claim. To ensure that you do not exceed the statute of limitations, please contact our legal team as soon as possible.
The Wrongful Death Attorneys of Normandie Law Firm
Losing someone you depend on emotionally and financially can be one of the toughest obstacles for anyone to overcome. We are not suggesting by any means that filing a lawsuit and receiving compensation is the key to healing from the pain you are going through. But there is no denying that you have to move forward, and doing so is impossible when you are left with financial burdens through no fault of your own. A lawsuit also ensures that the responsible party is publicly called out for their actions.
As part of our commitment to you and other victims, we take all cases on contingency, so you do not pay us out of pocket. The services we provide will be paid for by the guilty party as part of the settlement that is owed to you. That means we only get paid by winning your case – our promise to you under the Zero Fee Guarantee.
We hope you will take this opportunity to contact us and schedule a free case evaluation.