A wrongful death claim arises when one person dies as the result of the wrongful act of another person or entity.
A civil lawsuit may be brought directly by the survivors of the deceased person, or by the personal representative of the deceased person's estate. Different than criminal matters, fault is expressed solely in terms of money compensation.
Survivors of the deceased person include the surviving spouse, domestic partner and surviving children. If there is no surviving person in the deceased estate, then a wrongful death lawsuit may be brought by anyone "who would be entitled to the property of the decedent by intestate succession"; which can include the deceased person's parents, or the deceased person's siblings, depending on who is living at the time of the deceased person's death.
Damages are determined according to whether they compensate the estate for losses associated with the death, or the surviving family members for the personal losses they suffered as a result of the death. Losses include, but are not limited to: funeral and burial expenses, medical expenses while alive, lost income of the decedent, the value of household services loss of anticipated financial support, and the loss of love, community, attention, affection, moral support, and guidance.
Like any catastrophic personal injury claims, wrongful death claims must be filed within a specific time period, which is normally two years from the date of death in California. Our wrongful death lawyers in Los Angeles (LA) are ready to take your call to see if they can help achieve maximal recovery for the death caused to your loved one.
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