An Overview of Wrongful Death Lawsuits
Wrongful death laws are statutory and thus vary from state to state. In California, only specific, enumerated, parties have the legal standing to bring forth a wrongful death claim. Some general examples of those who may make a claim for wrongful death are:
- The victim’s surviving spouse;
- The victim’s surviving domestic partner; or
- The victim’s surviving children.
Of course, there are some exceptions and, in some circumstances, there are others who may file a wrongful death claim. In the right circumstances, these parties may include those who were financially dependent on the victim, including:
- Parents; or
- The putative spouse and/or the children of the putative spouse.
If you or someone you know has lost a loved one due to the negligence of another, it is important to seek legal advice. Obtaining the help and support of an experienced wrongful death attorney can guide you through the process of filing a claim as well as ensure that your legal rights are protected.
Wrongful Death Claims: Available Damages
The sudden death of a loved one is a traumatic experience. Unfortunately, this pain and sorrow is only a part of what surviving loved ones endure. A wrongful death claim may help a surviving member recover for his or her losses. The following is a limited list of expenses that a wrongful death claim may help recover:
- Funeral expenses,
- Burial expenses,
- Loss of the victim’s income both past and future
In California, financial compensation may also be claimed for:
- Loss of household services;
- Loss of moral support;
- Loss of love, guidance, support, and attention; and/or
- Loss of financial support.
Statute of Limitations
Under State of California law, those who wish to make a wrongful death claim have a brief window of time to act.
If you or someone you know has lost a loved one due to another party, it is vital that you consult an attorney immediate regarding your legal rights. Speak with an attorney who has experience in wrongful death cases.
Contact a Qualified Attorney
The loss of a loved one is always heart wrenching, especially if the sudden death was caused by the negligence or careless act of another individual. The attorneys at Heiting and Irwin have extensive experience in the field of wrongful death injuries. Wrongful death injury claims have strict time limitations. Speak to a qualified attorney who has the right experience.