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A Basic Overview of Wrongful Death Claims in the State of California

| Nov 8, 2018 | Wrongful Death

Dealing with the sudden and unexpected death of a loved one can be an extremely painful experience for anyone, especially if the victim’s death could have been prevented. While no amount of monetary compensation could ever restore a family’s loss, a wrongful death claim could provide the financial means necessary to relieve the monetary burdens that may arise from the victim’s sudden death.

When considering filing for a wrongful death claim in the State of California, it is important to understand that only certain people have the legal standing to file a lawsuit against the negligent party. This article will help to explain who meets the basic requirements needed to file a wrongful death lawsuit. If you or someone you know has lost a loved one due to the carelessness of another party, it is important to seek the legal support of an experienced attorney. An attorney with the right qualifications can help strengthen the claim in an effort to provide the best possible outcome for the case.

Understanding Wrongful Death

In order to better understand the elements of a claim, it is important to understand the basics of what a wrongful death is. Wrongful death can occur when a victim has needlessly lost his or her life due to the carelessness or even reckless actions of another party. The victim’s survivors then have the opportunity to file a claim against the negligent party in an effort to obtain financial restitution. In wrongful death claims, the following requirements must be met:

  • A person has lost his or her life
  • The person’s death was directly caused by the negligence or carelessness of another party
  • The third party’s negligence or carelessness was a substantial factor in causing the death
  • The victim’s surviving family members  have suffered harm and losses as a result of the victim’s death

Wrongful death cases will require claimants to have a preponderance of evidence in order to determine liability in the case. This means that the victim’s survivors will need to demonstrate that it is more likely than not that the defendant’s carelessness caused the lethal injuries and death.

Parties Eligible to Bring Forth a Wrongful Death Claim

The State of California only allows a selected group of people to file wrongful death claims for the passing of a loved one. While wrongful death claims are generally reserved for the immediate family members of the victims, such as spouses, domestic partners, and children, there are some individuals who may also meet the requirements. Usually, these are individuals who were financially dependent on the victim.

Seek Legal Support

Wrongful death claims in the State of California can quickly result in complex legal matters. If you have recently lost a loved one due to the negligence of another party, seek the legal advice and support of an expert attorney. An attorney with the right experience can guide you through the process of filing for a wrongful death claim within the required time frame.

The attorneys at Martinez & Schill are dedicated to helping those who have lost a loved one due to the negligence of another. They have extensive experience in dealing with wrongful death claims. If you have recently lost a loved one due to the carelessness of another, time is of the essence. Seek legal support as soon as possible.