Who can file a wrongful death claim?
In California, a wrongful death claim may be filed by certain family members of the deceased person who have been impacted financially by the death. Typically, the law allows the deceased person’s surviving spouse, domestic partner, children, or parents to make a claim for wrongful death. Additionally, in some cases, a claim may be brought by the estate of the deceased person, such as through an appointed personal representative. In wrongful death cases, financial compensation may be sought for the losses suffered as a result of the death, including funeral and burial costs, loss of financial support and protection, and loss of companionship. To successfully bring a wrongful death claim, the family member must be able to prove that the death was the result of another party’s negligence, reckless behavior, or intentional act. If a settlement is reached, the damages recovered usually are distributed among the eligible family members. During the legal process, it is important to have skilled legal counsel, such as a wrongful death attorney, to help guide one through the necessary steps and ensure that their rights and interests are adequately being represented. A wrongful death attorney can help family members obtain full compensation for their losses and to obtain justice on behalf of their deceased loved one.
Related FAQs
How is a wrongful death settlement determined?What other types of compensation can be awarded in a wrongful death lawsuit?
Who is responsible for paying for the medical expenses of the deceased in a wrongful death case?
Are wrongful death damages taxable?
How are damages awarded in a wrongful death case?
Are there other kinds of legal action that may be brought in a wrongful death case?
Can more than one person be held liable for a wrongful death?
Are wrongful death cases tried before a jury?
Can wrongful death claims be settled without litigating in court?
What evidence do I need to prove a wrongful death case?
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