Is a wrongful death claim the same as a wrongful death suit?
No, a wrongful death claim and a wrongful death suit are two different things. A wrongful death claim is a legal claim that is brought against an individual or entity for causing the death of another person due to negligence or misconduct. In California, a wrongful death claim can be brought by immediate family members of the deceased, such as a spouse, child, or parent, and can be filed in order to receive compensation for the loss. In contrast, a wrongful death suit is a legal action filed in a court of law which seeks to hold the person responsible for the death liable for their actions. In California, a wrongful death suit is typically brought by a personal representative of the deceased’s estate, who is often appointed by the court to represent the family of the deceased in a wrongful death suit. The suit seeks compensation in the form of damages and restitution for economic and emotional losses suffered by the family of the deceased as a result of the wrongful death.
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