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Important Factors to Consider When Filing for a Wrongful Death Lawsuit in the State of California

In the State of California, a wrongful death lawsuit is allowed when a party has committed a negligent, intentional, or reckless act that has led to another’s death. Wrongful death claims fall under the umbrella of personal injury lawsuits, however, these claims are brought forth by the survivors of the deceased victim.

If you are a surviving member of a victim, consider obtaining the support and guidance of an experienced personal injury attorney. An attorney with the right experience can help you file a strong claim against the liable party.

When it comes to wrongful death claims, there are several important factors you should consider. This article will highlight a few of the most important factors.

Understanding Who Can File for a Wrongful Death Claim

In the State of California, only specific groups of people have the legal right to bring forth a wrongful death lawsuit. This may include, but is not limited to the following:

  • The surviving spouse or domestic partner,
  • The victim’s surviving children, step children, or grandchildren
  • A parent or parents of the deceased victim,
  • A personal representative of the victim’s estate

The State of California allows for other parties to file a wrongful death claim but they may need to provide evidence that they were directly impacted financially when the victim perished. For instance, a victim’s nephew can file for a wrongful death claim if he or she can demonstrate that he or she was relying on the victim for financial support.

Most eligible parties that were dependent on the victim’s financial income need to be a spouse or under the legal age of 18. In most cases, if the party attempting to file a claim is not the spouse and is over the legal age, he or she may need to demonstrate physical incapacity of making an income. While this is not always the case, it is essential to speak to an experienced wrongful death attorney who can explain the laws regarding this complex matter.

The Different Types of Wrongful Death Damages Available in the State of California

The State of California allows for damages that include loss of care, comfort, and support.

  • Common examples of some out-of-pocket damages may include, but are not limited to: funeral expenses, medical costs, and loss of wages, personal property damages, loss of benefits.
  • Damages may also be awarded for the loss of the deceased’s counsel, mentoring, services, gifts, support promised and expected, and a variety of other considerations. 

File for a Wrongful Death Claim

If you or someone you know has lost a loved one due to the careless acts of another, there may be an opportunity to seek restitution for the damages sustained. The State of California allows for a small time frame in which a claim can be brought forth. This small window is legally referred to as a statute of limitations. Consult the support of a qualified attorney who can guide you through this complex process.

The attorneys at Heiting and Irwin have extensive experience in the field of wrongful death lawsuits. Time is of the essence; speak to a qualified attorney who has the right experience.

Sara Morgan

Ms. Morgan obtained her Juris Doctor from Chapman University School of Law in Orange, California. She contributes to the improvement of both the local and legal communities, having provided pro- and low-bono legal services, and volunteering at legal clinics and other programs serving the community. View Attorney Sara Morgan's Attorney Bio Here.

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