Wrongful Death Question
Wrongful Death Question. When your family suffers the tragedy of the loss of a loved one, you may have more than one wrongful death question. Because wrongful death is only related to fatalities caused by negligence or an intentional act, many people are not familiar with what is required to prove a claim, who is eligible to file and other frequently asked questions. While filing a claim for a family member’s demise will not lessen the feelings of grief and loss you are experiencing, it will make the financial consequences of their death less of a burden.
Wrongful Death Question 1
- What is wrongful death? A fatality caused by another individual or entity that was caused by negligence is a wrongful death. The negligence refers to not acting with reasonable care or being reckless or careless. There are many causes of wrongful death, although motor vehicle accidents are probably the most common. Wrongful death can also occur through medical malpractice, defective products, truck collisions, accidents at work or dangerous premises. When the death is caused by negligence or an intentional act such as murder, the family members who survive may make a claim for financial compensation.
Wrongful Death Question 2
- Is there a statute of limitations to file? Under the California Code of Civil Procedure, there is a two-year deadline for filing a wrongful death lawsuit. If the claim is filed after that date, the case will probably not be heard.
Wrongful Death Question 3
- Who is eligible to file? California Code of Civil Procedure 377.60 states that the following persons may be entitled to claim financial compensation for a wrongful death:
- Spouse or putative spouse
- Children of the decedent
- Stepchildren of the decedent if they are living in the home and were supported by the deceased person for at least 180 days
- Parents who were living in the home and supported by the decedent
Wrongful Death Question 4
- Should I settle with an insurance company? Since insurance companies are in business to make money, an offer of settlement will probably be low and not cover your loss. An experienced wrongful death and injury lawyer can help by negotiating with the insurance company for you and your loved ones. If the offer is unsatisfactory, taking the matter to civil court to recover appropriate damages is possible.
Wrongful Death Question 5
- What damages can be recovered through a wrongful death claim? The financial compensation that can be recovered includes the following:
- Burial and funeral costs
- Wages, pension and work bonuses the decedent would have earned had he/she lived until retirement
- Loss of consortium for the surviving partner and children due to the loss of companionship and love of the decedent
- Loss of support in the home, including childcare, yard work, and other expenses
Lincoln Wrongful Death Lawyer
I’m Ed Smith, a Lincoln wrongful death lawyer. When a loved one is lost, it can be difficult to have to deal with what the future will be like without them. Although the personal loss is devastating, the family can recover financial compensation for their loved one’s death when it was caused by negligence on the part of another person or entity. This can ease the financial burden on the family. If you are facing this, please phone me at (916) 920-6400, or you can reach me at (800) 404-5400 on our toll-free line for free and friendly advice. I also offer a contact form on my website, AutoAccident.com, if that is more convenient.
I have been privileged to have helped numerous residents of Lincoln and other Northern Californians for 36 years to obtain fair compensation in areas such as all types of car accidents, truck accidents, brain injuries, and other trauma.
Million Dollar Advocates is composed of the top 1 percent of trial lawyers who have garnered a settlement/verdict for a client in excess of one million dollars. I am a California member of this forum.
Deciding which attorney to call when you need legal advice can be a difficult decision. Knowing more about their law practice can help. You are welcome to visit the following sites to learn more about some of our previous cases and how they were resolved and to read comments and reviews by former clients:
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