What Is a Wrongful Death Claim?

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What Is a Wrongful Death Claim?

I’m Ed Smith, a Lincoln wrongful death lawyer. When a family member has died due to negligence, a civil lawsuit can be filed for wrongful death. When the offender who caused the death is charged with committing a criminal act, family members may still ask for compensation in civil court for the loss of their loved one.

What Damages Can Be Claimed in a Wrongful Death?

Numerous factors go into determining financial loss in a wrongful death. Some of the things taken into consideration are the age of the decedent, their prior income and earning capacity. Other factors are the person’s education, health and life expectancy. Financial loss of a loved one may include the following:

  • Funeral and burial expenses
  • The amount of money the decedent would have contributed to the family’s support in future earnings
  • Loss of inheritance
  • Loss of benefits such as retirement income that would have been accumulated
  • Medical care the decedent received before he or she expired
  • Emotional distress and mental anguish caused by the loss
  • Loss of love, guidance and affection, including companionship

Who Can File a Wrongful Death Lawsuit?

California law states that the following persons may file for wrongful death in the loss of a loved one through negligence.

  • The spouse, putative spouse or domestic partner of the decedent
  • Children of the decedent
  • Stepchildren of the decedent if they were dependent upon the deceased person for at least 50 percent of their financial support
  • Unrelated minors who lived in the household and gained at least 50 percent support from the decedent
  • Parents living in the household who depended on financial support from the deceased
  • Grandchildren, including those of deceased children of the decedent
  • Others who may file a lawsuit include parents, sisters, brothers or other relatives who would have inherited property if no family members in the household survive

Watch Youtube Video – What is a Wrongful Death Claim? ~ Lincoln Wrongful Death Attorney Explains:

Is There a Time Limit to File for a Wrongful Death?

The statute of limitations in California is two years from the time of the death to file. However, if the death was caused by medical malpractice, the time limit is extended to three years or a year from the time the medical malpractice was discovered. If the negligence that caused the death of a loved one was governmental such as caused by the city, county or state, the time limit is reduced to six months. There is no statute of limitations when the decedent was a victim of murder. If you have further questions about a wrongful death claim, please contact an experienced wrongful death attorney in Lincoln CA.

Related Articles by Lincoln Wrongful Death Lawyer Ed Smith ~

Experienced Wrongful Death Attorney in Lincoln CA

I’m Ed Smith, a Lincoln wrongful death lawyerThe wrongful death of a family member can have serious consequences for a family financially. If your loved one was lost due to another person’s negligence, give me a phone call at (916) 921-6400. Outside our calling area, phone me at (800) 404-5400 for my friendly advice, which is free.

I am a Million Dollar Advocates member from California. As inducted members, the trial attorneys in this group have all won settlements and verdicts of $1 million or more. 

Comments by clients are found at: Yelp, Google and Avvo. On my site, AutoAccident.com, you can peruse the page titled Verdicts and Settlements for information on some of our prior cases.

I have practiced as an injury lawyer in Lincoln and the rest of Northern California since 1982. My goal has always been to get fair compensation for accident victims, including for auto accidents, truck accidents, bicycle accidents, motorcycle accidents and pedestrian accidents. This includes devastating injuries such as brain injuries.

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