Wrongful Death Facts
Common Questions Asked About Wrongful Death
Who have the right to file a claim for wrongful death?
The right to file a claim is given to the immediate members of the family. We have represented the parents, children and spouses of the victim.
What recoverable damages are included in the claim?
If you are residing in California you may take claims for the damages such as benefit and income loss, health care expenses, burial and death, protection, care and assistance, pain and other sufferings.
What does it take to make a claim successful?
It is important for wrongful death lawyers to prove that the death of the victim is the result of negligence, faulty actions and wrong doing of another person. In addition, they also have to prove that income loss and expenses such as burial, medical and others occurred as a result of the death.
How much settlement does the family will get?
The settlement for such case will depend on various factors. Claims for such case includes legal fees, expenses like medical and burial, loss of income and family benefits, care and assistance and other related damages.
Is it possible to have a wrongful death claim even if the victim never had a job?
In most cases, such claim often involves people like children or even adults who were not earning a steady income. The loss of companionship, care and other methods can be requested when making a wrongful death claim.
Got A Claim?
Understanding the case with the help of a wrongful death lawyer and knowing if you have a claim is very important. No matter how fatal the accident is, not all will fall under wrongful death. A wrongful death claim can only be made when one’s death resulted from the negligence and wrong doing of another person. Aside from the victim, there should be an at-fault party to make a claim. For instance, if the death resulted from a road accident due to the negligence of a drunk driver then the driver can be held accountable for the death. In such case, the family of the victim deserves compensation for their survival.
Who Can File A Wrongful Death Claim?
- Not everyone in the family is given the right to file a claim for wrongful death. In this first group, the spouse and the child/children of the deceased victim has the right to file a claim. This would also include the parents, brothers and sisters, the children of the victim’s siblings, grandparents, as well as other descendants.
- In the next group, a putative spouse (anyone who can prove that a marriage took place between him/ her and the victim but not under the law) is given the right to make a claim. This includes the children of the spouse, even stepchildren. In order for these people to make their claims, they have to prove that they have been financially dependent on the victim upon the occurrence of the death.
- In the third group, even a minor who is not related to the victim may file a claim provided that he/she was at least 50% financially dependent on the victim and has been a resident in the household of the victim for a number of 180 days prior to the death.
How Do I Get A Legal Representation?
We know it is painful to have lost a loved caused by other people. We feel the pain and this is the same reason why we are confident that out wrongful death lawyer would be of great assistance. A wrongful death lawyer will help you determine if a claim is needed or otherwise. A lot of potential losses comes with wrongful death such as loss of income, hospitalization, funeral expenses, benefits and even emotional struggles. Our experienced lawyers will help you secure compensations for such damages. We will help you pull through such a difficult time and our wrongful death lawyer will preserve your rights and give you the best legal representation.