Legal Question in Personal Injury in California
Wrongful Death Lawsuit
My husband's stepmother is suing a company for the wrongful death of his father. She has named my husband and his 2 brothers as ''nominal parties.'' She is the sole Plaintiff, while they are listed as Defendants, along with the company.
The accident was 2 years ago; the death was two weeks after that. They just found out he was dead via the lawsuit! They are all very angry with her for not telling them 2 years ago.
They do not want to waive the right to damages by signing. Can they sue her for damages? They were denied the chance to see their father in the hospital, to attend a funeral, etc.
Thank you.
3 Answers from Attorneys
Re: Wrongful Death Lawsuit
No. They can and should appear in the action and make a claim for their damages for wrongful death, if it is a case with a good predicate for liability. However, the value of the case is based upon a jury's assessment of fair compensation for the loss of their father, which won't look very good if they had no contact for 2 years. They cannot sue her for damages. What for? In order to have a predicate for damages against her she would have to have violated a legal duty toward them.
Re: Wrongful Death Lawsuit
I cannot answer this. My colleagues got more out of jumbled facts than I did.
Re: Wrongful Death Lawsuit
If indeed you do have a lawsuit, if the facts stated in your question are accurate, you have but 2 weeks left to file it! See a lawyer NOW!!!! The nominal parties need to get lawyers and join in the wrongful death lawsuit. Could be a probate case as well.
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