Personal InjuryWhat Qualifies as a Wrongful Death Lawsuit?

April 9, 20210

Losing a loved one is never easy–especially when their death could have been prevented. When someone dies because of another person’s negligence, the family members can file a claim against the party at fault. If you’ve lost a loved one in an accident caused by another, you can file a civil suit to receive compensation for your loss. Although seeking monetary compensation won’t bring back your loved one, it can help you sustain your family during this difficult time.

What Is a Wrongful Death Claim?

A wrongful death claim can be filed when a person dies due to the legal fault of another person or entity. Wrongful death claims involve all types of fatal accidents, from car accidents, medical malpractice, workplace accidents, and more. Persons, companies, and government agencies can be held accountable if their negligence resulted in a person’s death.

Who Can File a Wrongful Death Suit?

Only specific individuals can file a wrongful death lawsuit in California, such as:

  • The deceased person’s living spouse
  • The deceased person’s domestic partner
  • The deceased person’s surviving children
  • If the deceased person doesn’t have a surviving family, the person who would be entitled to the deceased person’s property can file a wrongful death suit. The person that was financially dependent on the individual can also present a wrongful death suit.

Only one individual can file a wrongful death suit, and the living spouse would have the right to file first.

What Damages Are Available in a Wrongful Death Claim?

There are various damages a family can recover after losing their loved one. Damages are usually divided by the estate for losses associated with the death and the surviving family’s losses. Families often receive compensation for the following:

  • Funeral and burial expenses
  • Medical and hospital expenses
  • Loss of income and benefits
  • Loss of anticipated financial support
  • Loss of love and moral support

If you lost a loved one in an accident caused by another, contact our California wrongful death attorneys today at 415-688-2176 to schedule a consultation.

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