This is not uncommon– there’s been a wrongful death that has multiple eligible family members seeking justice. So what happens when there are multiple wrongful death lawsuits?
Under CCP Section 377.60-377.62, the following individuals can file a wrongful death lawsuit in California:
- The surviving spouse
- The surviving domestic partner
- Children of the deceased
- Putative spouse, partner and stepchildren
- And in some circumstances the parents and siblings of the deceased
- Intestate succession
MULTIPLE WRONGFUL DEATH LAWSUITS
As you can see from the list above, it is a very real possibility that the various parties filing a wrongful death lawsuit in the event of a death of a loved one may not be filing together. Perhaps the surviving spouse and the children don’t get along or perhaps one party does not think another should be entitled to any money from the estate– whatever the reason, the California courts have dealt with this many many times over and have come up with a solution aimed at expediting and simplifying these cases. When there are multiple people filing their own lawsuits, they will be required to be consolidated into one lawsuit.
The rationale for this single lawsuit requirement is simple– efficiency. Exactly how any settlement will be divided up among the parties is determined in the process with the aim to make things fair to everyone. Think of it this way– why have multiple court and multiple parties spend time prepping and looking at what is essentially the same evidence. By requiring the consolidation of wrongful death cases, it is not only more effective but it helps to provide consistency in the judgement.
WHAT HAPPENS IF A LAWSUIT HAS ALREADY BEEN FILED?
There’s been a death of a loved one and you know or think that another party has already filed suit– what do you do? It is not too late, you can still work with an attorney to make sure that you are a party to the action but you need to take action. Get in touch with Walch Law immediately to make sure that your legal rights are represented and that you are getting your share of the settlement that you deserve. Multiple party cases are complicated but this is something we have decades of experience helping clients in your very situation so please do not hesitate to reach out to us.
Nine Reasons To Choose Us
When looking for a California wrongful death lawyer, you want a law firm that can get you the money you deserve. At Walch Law, we don't just meet our clients' expectations, we exceed them. We win over 95% of our cases and will work hard to get you the same great results we have gotten for so many of our happy clients. When it comes to handing a California wrongful death case, resolving your case as quickly as possible for as much money as possible is how we approach every case.
Founding partner Gary Walch started this law firm to help people in your very situation. With over forty years of experience, you can feel confident that when you hire Walch Law Firm, you are benefiting from his years of experience. Robert Walch has been with the firm since 2000 and has a track record of success, as does the rest of the highly qualified staff at Walch Law. A family firm with the resources of a big law firm means you get the best of both worlds.
There are lots of law firms that will happily take your business but very few will deliver results and handle your case the way that we do. We understand and respect how difficult this time is for you and our family. When you hire Walch Law Firm you are hiring a family firm that you can trust. We have a stellar reputation within the legal community and among our clients.
DON\'T DELETEContingency Fee
For many individuals and families following a death it is not just an emotional time but a stressful financial time as well—hiring an attorney should help relieve this financial stress which is why you hire us on a contingency fee arrangement. Translation: you don't pay for any fees or costs associated with your case until you get paid. We have the financial resources of a large law firm but the accessible environment of a small firm meaning your case won't get lost in the shuffle.
Whenever you are ready, we are available to talk and this open and available communication model is something that our clients enjoy until their case is closed. We keep you informed and updated on your case every step of the way, always explain what's happening in plain English and ultimately deliver on our promise to get you paid.
DON\'T DELETERecent Victories
Winning over 95% of our cases means that you can feel very confident when you hire us to help with your case. Some of our recent victories include a $5,000,000+ settlement for a car accident, $1,250,000 settlement for a wrongful death pedestrian case and $2,500,000 for injuries related to a subway accident.
First and foremost, you are suffering a major traumatic loss and we understand that. We can help with counseling, medical professionals and other important resources during this time. Your focus should be on dealing with this loss, let us take care of all the legal details.
DON\'T DELETEFamily Firm
There are small firms that might not be able to front the costs of your case and there are big law firms that will easily take your case but lack any type of personal touch (and you might have trouble hearing back from them when you want to) and then there's Walch Law Firm. We can handle any case and pride ourselves on our accessibility to clients. Father-son duo Gary & Robert Walch treat everyone like family and this personal touch is something that our clients as well as our employees constantly e!
DON\'T DELETESe Habla Espanol!
¿Busca un abogado de habla hispana ayudar con su caso de la muerte ilícito de California? No busque más. Somos una firma de abogados de servicio completo de habla hispana que puede ayudarle durante este tiempo difícil tiempo. Llama nos o correo electrónico hoy para su consulta gratuita para aprender más.