What is wrongful death?
Wrongful Death claims are unfortunately common and very difficult to deal with. In General, these claims arise when someone is responsible for the death of another person.
California Code, Code of Civil Procedure – CCP § 377.60 is one of the major sources for law guiding on this latter.
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
- The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
- Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
- A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.
Who can be held liable in a wrongful death claim?
Both companies and individuals can be held liable for a wrongful death claim. This can include a negligent driver, a medical professional, or any other person who through their actions caused the death of another.
Who can claim wrongful death on someone’s behalf?
In most cases, it will be family members of the deceased who bring forward a claim on behalf of someone’s estate. The term estate really just means a collective representation of someone’s assets and any money that has belonged or may belong to them by way of a wrongful death claim. You don’t need to have a trust setup or a will.
What does wrongful death mean?
When someone’s actions result in the death of another this may be grounds for a wrongful death claim. The death of a person may be the result of a drunk driving accident, regular auto accident, medical malpractice, murder, or any other type of negligent or intentional action taken by one person against another.
Essentially the objective of a wrongful death claim is to hold someone responsible for the loss of life. The things that are taken into consideration for what may be awarded a wrongful death claim depending on the specific facts of those involved.
Damages that are available in wrongful death claim may include money that the deceased would’ve reasonably earned during the remainder of her life, burial expenses, any other forms of financial support that would’ve been given to surviving family members, and the Loss of companionship affection which would’ve been enjoyed by loved ones and family members.
What are the steps to getting a wrongful death claim?
The first step to any wrongful death claim is to contact a Long Beach wrongful death attorney and to meet with them so you can be consulted on your options. The steps after that depend on the circumstances running to death and the parties involved. However, the most common initial steps taking hard to determine who may be a fault for the death of the deceased.
What do I need to find out for a lawyer when filing a wrongful death claim?
If you believe that someone you know has been involved in a wrongful death accident it’s best to simply call our Wrongful Death Attorney Long Beach office she can come in and have a free consultation. Upon initially calling our all Long Beach Wrongful Death law office we’ll then ask for information it will guide you throughout the process.
Does wrongful death only cover people who are adults and working steadily?
No. Wrongful Death Claims are not limited to people who were employed at the time of their death. There are many factors that go into the possible Award for any wrongful death claim. While someone’s employment and earning capacity are definitely important factors they are not the only ones.
How can I know if I have a wrongful death claim?
To determine if you have a wrongful death claim you will need to contact a Long Beach wrongful death attorney to discuss the particular facts of your case. In order to determine
How do your Long Beach wrongful death attorneys make a difference?
We understand that the loss of a loved one can be one of the most challenging times in a person’s life. Our Long Beach Wrongful Death attorneys take everything into consideration when looking at wrongful death causes of action and this includes the personal needs and desires of family and friends.
Our Long Beach Wrongful Death Attorneys will make sure that the responsible party of any wrongful death claim Will be held to the fullest extent of the law enforcement to compensate our clients the maximum amount.
At Eldessouky Law our Long Beach personal injury attorneys are not afraid of the insurance companies and are willing to fight the good fight. Our Long Beach wrongful death lawyers have all the necessary resources to see a wrongful death claim all the way through trial and if necessary to a verdict.