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California. My business partner killed in an accident. His family making wrongful death claim against driver. Do I have a suit

Riverside, CA |

Just wondering if I have any possible claim against the responsible party since his death impacts me not only as a friend but financially.

Attorney Answers 5

Posted

No. Only family is able to bring a claim for wrongful death. I understand that there are insurers that offer business insurance policies to cover such situations, but it sounds like you had not acquired one.

I wish I could provide better information and wish you the best as you move forward.

This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.

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11 lawyers agree

Posted

Doubtful. To bring a wrongful death claim, you must have "standing" to sue. Wrongful death claims can be brought only by those "in line" to inherit the property of the deceased under the Probate Code.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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8 lawyers agree

Posted

In California only the "heirs" are the ones entitled to sue for wrongful death (e.g. wife, children, next of kin) so unless you are named in his will or have some type of business interuption or business loss insurance you will not be able to recover at least directly. His 'heirs' may claim the financial loss of the income from your partnership as a damage in the case, and if they recover any money, they may want to maintain his share of the business partnership if you are willing to work out an agreement or arrangement with them?

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only

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9 lawyers agree

Posted

Not likely. The wrongful death statute in each state shows the parties who may have standing to sue. Google your "state" and "wrongful death statute" to see who may bring a wrongful death claim.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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4 lawyers agree

Posted

Unfortunately, under the California Civil Code, only "heirs" are entitled to bring a wrongful death claim. This includes immediate family such as spouses and children.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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