Why am I being listed as a defendant in my mother''s wrongful death suit just because I chose not to participate in the lawsuit?

In California, there may be many wrongful death claimants (see California Code of Civil Procedure section 377.60) but there is only one wrongful death recovery against the person responsible for the death. That recovery is then divided among the claimants. Both defendants and plaintiffs have an economic interest in making sure that all wrongful death claimants are involved in a settlement. A defendant can be liable for only one wrongful death recovery for all claimants, unless he knows the identity of a claimant but does not obtain a release of that claimant's claims. There is case law which indicates that any wrongful death claimant who knows the identify of another claimant but does not include that person in the recovery might make himself responsible to that non-involved claimant for the damages that he would have received had he been involved in the case. Therefore, just as my firm always does when we prosecute one of our many wrongful death claims, claimants make every effort to identify and involve every wrongful death claimant in the lawsuit. You have been named as a "nominal defendant" in the lawsuit to make sure that your interests are adjudicated in the lawsuit. You can be a plaintiff only if you choose to be one. However, you can be added as a defendant and brought into the case whether you choose to or not. Think about whether you want to make a wrongful death claim. If you do not, and you are sure you do not, talk to the attorney for the plaintiffs and make arrangements by which you can waive or release any claim you might be able to make in the case. Then you can be dismissed and everyone is protected against the possibility that you might change your mind in the future.  Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.