California Wrongful Death Lawsuits Must Join All Heirs
California Wrongful Death Lawsuits Must Join All Heirs
As a result, Brown received the entire settlement and her half-siblings received nothing.
After Brown had settled, the minor children, through their guardian ad litem, brought a wrongful death lawsuit against the at-fault driver. The insurance company moved for dismissal, noting that it had already settled the case with Brown and arguing that the half-siblings’ lawsuit was brought in violation of the one-action rule.
The Court of Appeal disagreed. It ruled that the one-action rule only applies when the first claim involved an actual lawsuit. It does not bar heirs from bringing a California wrongful death lawsuit when another heir reached an out-of-court settlement with the insurance company but never filed suit.
As a result, the minor children will now be able to seek justice for their mother’s wrongful death.
Identifying and notifying heirs is just one of the many concerns in a California wrongful death lawsuit. If your loved one has been killed in a fatal accident, contact an experienced San Francisco personal injury attorney who can help you understand your options.