Can a wrongful death claim be filed if the deceased had a pre-existing condition?

Yes, a wrongful death claim can be filed if the deceased had a pre-existing condition in California. This is because wrongful death laws in California protect those who are the survivors of a decedent whose death was caused by the wrongful act of another party, regardless of pre-existing medical conditions. In order for the family of the deceased to obtain compensation through a wrongful death claim, they must prove that the death was caused by the negligent act of another party. This could include medical malpractice, vehicular crashes, or hazardous workplace conditions, for example. In addition to proving negligence, the plaintiffs must also show that the death resulted in significant financial losses, such as the loss of income, benefits, and inheritance. If the family of the decedent is able to prove these elements of a wrongful death claim, they may be able to receive compensation for medical bills, burial costs, and emotional distress. It is important to note that negligent behavior that does not necessarily result in death may not qualify for a wrongful death claim. The attorneys representing the family of the deceased will review the facts of the case and advise them of their legal options.

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Can a wrongful death claim be filed if the deceased had a pre-existing condition?

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