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Understanding Wrongful Death Lawsuits in the State of California 

Losing a loved one is devastating. This event can be even more hurtful if your loved one passed away due to the negligence of another. This article will highlight important wrongful death laws in the State of California including important aspects of filing for a claim and what type of damages are available. Equally important, this article will also cover the State of California’s strict time limitations for those who consider bringing forth a wrongful death lawsuit.

If you or someone you know has lost a loved one due to the negligence of another, speak to a qualified attorney as soon as possible. An attorney with the right experience can help the claim be successfully processed and prosecuted. Further, a competent attorney will know the most current state laws and protect your rights.

Wrongful Death Lawsuits in California: An Overview

A wrongful death lawsuit seeks to recover monetary compensation for the victim’s death.  The loss of care, comfort, social interactions and monetary and physical support make up the damages.

In the State of California, a wrongful death claim can be brought by heirs/survivors when a person passes away as the result of the direct or indirect negligent act of another party. A negligent act can be described as a careless or wrongful act.  The representative of the victim’s estate can also bring a claim.

Filing for a Wrongful Death Claim in the State of California

It is important to recognize that there is a selected group of people who can bring a wrongful death claim forward. Overall, however, the following groups of people are legally allowed to bring forth a wrongful death claim:

  • The victim’s surviving spouse,
  • The victim’s domestic partner, under certain circumstances,
  • The victim’s surviving children.
  • Other heirs and those supported by the person who died.

In the event that there are no surviving individuals as described above, a claim could be brought forth by:

  • The victim’s parents,
  • The victim’s siblings, or
  • Any person who can demonstrate that he or she was reasonably dependent on the victim’s income.

These factors can change depending on the current state law. It is important to seek the advice and support of a qualified attorney who can assist you in determining if you have a legal standing to file a wrongful death lawsuit and to obtain full and appropriate compensation.

Obtain Legal Support

Losing a loved one is certainly devastating.  Not consulting an attorney about it may be a tragic mistake.  It is important to consult a qualified wrongful death attorney and to understand your rights and whether you have a legal standing to bring a claim. An experienced team of attorneys can make all the difference.

If you or someone you know has lost a loved one due to the negligence of another, speak to an experienced attorney right away! The attorneys at Heiting and Irwin have extensive experience in the field of wrongful death claims. In wrongful death claims, 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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