Wrongful Death
Serving clients in California
A "wrongful death" occurs when a person dies due to the negligent, careless, intentional, or reckless act of another person or entity. If someone close to you has died due to the wrongful act or neglect of another, it is important to find a reputable and well-established law firm with an exceptional reputation for handling wrongful death cases.
Time is of the essence in many wrongful death actions. Preserving evidence and identifying defendants are key factors in many of the underlying accidents involving death cases. This requires retaining investigators and experts to commence investigations and evaluations as promptly as possible. Hiring an experienced California wrongful death attorney therefore should not be delayed.
Time is of the essence in many wrongful death actions. Preserving evidence and identifying defendants are key factors in many of the underlying accidents involving death cases. This requires retaining investigators and experts to commence investigations and evaluations as promptly as possible. Hiring an experienced California wrongful death attorney therefore should not be delayed.
Wrongful Death Statutes
Under traditional "common law" wrongful death actions did not exist. It was thought that the claim of the victim of a wrongful death died with that person. State legislatures realized that this rule failed to compensate family members and others who suffered certain economic and non-economic losses due to a person's death and enacted wrongful death laws to correct this problem.
California Wrongful Death Claimants
California's wrongful death laws permit only individuals with a certain relationship to the victim to file a wrongful death claim.
Who May Sue for Wrongful Death?
A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent's death (they are called the "real parties in interest"). The representative is usually the executor of the decedent's estate. The "real parties in interest" vary from state to state. Some of those people might include:
Immediate family members. In all states, immediate family members like spouses and children (including adopted children) and parents of unmarried children can recover under wrongful death actions.
Life partners, financial dependents, and putative spouses. In some states, a domestic or life partner, anyone who was financially dependent on the decedent, and a "putative spouse" (a person who had a good faith belief that he or she was married to the victim) have a right of recovery.
Distant family members. Some states allow more distant family members, such as brothers, sisters, and grandparents, to bring wrongful death lawsuits. For example, a grandparent who is raising a child may be able to bring an action.
All persons who suffer financially. Some states allow all persons who suffer financially from the death to bring a wrongful death action for lost care or support, even if they are not related by blood or marriage to the victim.
Parents of a deceased fetus. In some states, the death of a fetus can be the basis for a wrongful death suit. In several other states, parents cannot bring a wrongful death action to recover for financial and emotional losses resulting from the death of a fetus. In those states, the parents can bring a wrongful death action only if the child was born alive and then died. Check your state law and consult with an experienced wrongful death attorney to find out if such an action is allowed in your state.
Immediate family members. In all states, immediate family members like spouses and children (including adopted children) and parents of unmarried children can recover under wrongful death actions.
Life partners, financial dependents, and putative spouses. In some states, a domestic or life partner, anyone who was financially dependent on the decedent, and a "putative spouse" (a person who had a good faith belief that he or she was married to the victim) have a right of recovery.
Distant family members. Some states allow more distant family members, such as brothers, sisters, and grandparents, to bring wrongful death lawsuits. For example, a grandparent who is raising a child may be able to bring an action.
All persons who suffer financially. Some states allow all persons who suffer financially from the death to bring a wrongful death action for lost care or support, even if they are not related by blood or marriage to the victim.
Parents of a deceased fetus. In some states, the death of a fetus can be the basis for a wrongful death suit. In several other states, parents cannot bring a wrongful death action to recover for financial and emotional losses resulting from the death of a fetus. In those states, the parents can bring a wrongful death action only if the child was born alive and then died. Check your state law and consult with an experienced wrongful death attorney to find out if such an action is allowed in your state.
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Serving accident victims throughout California since 1988!
Serving accident victims throughout California since 1988!