According to California law, a civil suit filed by certain parties — usually a son, daughter, wife or husband of the decedent — is the only place a wrongful death lawsuit can take place. Wrongful death is a financial way to compensate someone for their loss. If a criminal case is going on as the result of someone dying, it will usually be called a manslaughter case.
The wrongful death lawsuit can be filed by someone standing in the place of the person who was killed. The deceased person cannot represent themselves, and so a “representative” is allowed to bring the lawsuit in their place. Who can be a representative in California when someone is killed? Here are some guidelines:
Other representatives: The rules of who can file a wrongful death suit are located in the California Civil Jury Instructions, a set of instructions that are regularly called CACI.