Who Can Bring a Survival Action in California? Or, as We Like to Call It, "The Ghost in the Machine"
So, you've got a loved one who's unfortunately shuffled off this mortal coil. Sorry for your loss, by the way. That's a real bummer. But let's say this person had some unfinished business, like a lawsuit or something. Can their ghost still sue? Well, not exactly, but close.
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| Who Can Bring A Survival Action In California |
The Survival Action: A Legal Zombie
In the magical land of California, we have this thing called a "survival action." It's like a legal zombie – it's dead, but it can still cause trouble. Essentially, it allows the deceased person's estate to continue a lawsuit that they started before they kicked the bucket. It's like saying, "Just because you're dead doesn't mean your legal problems are."
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Who's in Charge of This Zombie Lawsuit?
Now, you might be thinking, "Okay, so the ghost is suing. Cool." But hold your horses, Casper. The ghost isn't actually doing the suing. It's the personal representative of the estate. This is usually someone like a spouse, child, or executor named in the will. They're basically the estate's legal guardian.
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So, to recap: the deceased person starts a lawsuit, then they bite the dust. Their estate, represented by the personal rep, picks up the lawsuit and carries it to the finish line. It's like a legal relay race, but with way less cheering.
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Can Anyone Be the Personal Representative?
Not just anyone can be the personal representative. They need to be a successor-in-interest. Fancy legal term, huh? Basically, it means they have a legal right to inherit the deceased person's stuff, including the right to sue. This could be a family member, but it could also be a friend, lawyer, or financial advisor. It just depends on what the deceased person wanted.
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How to Bring a Survival Action: A Quick Guide
Alright, so you think you might need to bring a survival action. Here are some basic questions to get you started:
- How to find a personal representative: Check the deceased person's will or trust. If there's no will, the court will appoint one.
- How to start the lawsuit: Consult with an attorney who specializes in probate and estate law. They can help you navigate the legal process.
- How to gather evidence: Collect any documents or evidence related to the case. This could include medical records, police reports, or witness statements.
- How to calculate damages: Figure out what the deceased person would have been entitled to if they had lived. This can be complicated, so talk to your lawyer.
- How to deal with the insurance company: The insurance company will likely try to lowball you. Don't settle for less than you deserve.
Remember: This is just basic information. Every case is different, and you should always consult with an attorney for legal advice.
So there you have it. The world of survival actions, explained in plain English (well, as plain as it can get, anyway). It's a complex topic, but hopefully, this post has shed some light on it.
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