What is the difference between a wrongful death claim and a wrongful death lawsuit?

The main difference between a wrongful death claim and a wrongful death lawsuit is the type of legal action taken. A wrongful death claim is an administrative settlement process handled out of court. In California, such claims are handled by the California Victim Compensation and Government Claims Board. A wrongful death claim is a civil remedy that can be sought by the surviving family members to receive financial compensation for their loss. A wrongful death lawsuit, on the other hand, is a type of civil lawsuit that can be filed in California Superior Court. A wrongful death lawsuit allows the family members to seek more than just financial compensation. It provides the opportunity to seek justice in the form of non-economic damages, such as pain and suffering, emotional distress, and loss of consortium. Such a lawsuit must be filed within two years of the date of the death in order to be valid. In both cases, the person or parties responsible for the wrongful death must be identified. This can include either another person or a business or other organization. However, in a wrongful death claim, the burden of proof does not have to be as strong as it does for a lawsuit. This is because a wrongful death claim is an administrative process and the standard of proof is lower. To sum up, the main difference between a wrongful death claim and a wrongful death lawsuit is the type of legal action taken. A wrongful death claim is an administrative process handled out of court, while a wrongful death lawsuit is a type of civil lawsuit filed in a court of law.

Related FAQs

What is wrongful death law?
Can a wrongful death claim be filed against a government agency?
How can I determine how much my wrongful death claim is worth?
Can a wrongful death claim be filed if the deceased had a pre-existing condition?
What is wrongful death by negligence?
Who can be held liable for a wrongful death due to medical malpractice?
What constitutes wrongful death?
What types of evidence are necessary to prove a wrongful death claim?
What are the economic damages that may be awarded in a wrongful death case?
What are the procedural requirements of a wrongful death suit?

What is the difference between a wrongful death claim and a wrongful death lawsuit?

Related FAQs

Related Blog Posts