Yes you can file you are considered an heir. Also, FYI California law provides for “just” compensation for the pecuniary loss from the death which broadly includes the present value of future contributions from decedent to his surviving heirs, the value of personal services, advice or training decedent would have given his dependents and the value of the decedent’s society and companionship.
In California, juries are instructed that they can award the heirs the following damages:
Loss of future financial support
Loss of prospective inheritence
Loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent
Loss of a parent’s care, training and guidance
Loss of household services the decedent would have provided in the future, if any
Mental anguish of survivors
Damages for funeral expenses
I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com
Talk to a local wrongful death atty. The estate doesnt have to be opened or sue. The heirs with standing can file a claim. Mom and any other heirs will have to join in as pltfs, or they will be named in case as nominal defendants.
State statutes determine who can file and the procedures. With the likelihood of a positive answer, and with some issues brought up by the mother not wanting to file, you should consult with an experienced wrongful death attorney in the area where the claim arises immediately. Do not delay. Time limits alone can defeat a claim, and investigation should be undertaken as soon as possible.
Yes you can proceed and you do not need to petition the court to file as an heir in a wrongful death lawsuit. If you want to pursue on behalf of your brother's estate then you will need to be designated as the successor in interest. This is a complicated area of law and is very different from your average personal injury matter. You should absolutely consult with and retain an attorney experienced in wrongful death. Our offices handles this matter and is available to you for a no cost consultation. 800-809-8848
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