Four Common Misconceptions about California Wrongful Death Claim

Death Lawyers
Wrongful Death Claim

If somebody else’s negligence has led to the death of your family member or loved one, then you may be able to file a wrongful death claim. People have misconceptions about filing it, maybe because the law itself is a comprehensive subject that is beyond many people’s level of comprehension.

Wrongful Death Could Have Occurred to Anyone

When dealing with your loved one’s demise, you might not wish to blame any other person, or you feel that no one else had malicious intent. However, if a person’s death is the consequence of another one’s negligence, then a wrongful death claim is likely to come into existence.

All Cannot File the Claim

Under California Code of Civil Procedure section 377.61, there are 3 groups of people who may bring the claim of the deceased person into effect.

  • Surviving domestic partner, surviving spouse, living children, or direct blood heirs of the deceased kids. If no issue of the deceased person still exists, people who would take his or her property by intestate succession law can assert the wrongful death claim.
  • The deceased person’s dependent, who can be a putative spouse, parents, or stepchildren. A putative spouse refers to a person believing in good faith there is a legally valid marriage, but that it is void.
  • A minor who lived with the deceased for the final 180 days, and who was depended on the decedent’s one-half of the income or more of it.

Wrongful Death Claim Filing and Case Will Take Too Long

The process of filing the claim and seeing the case through can be lengthy. Still, that is exactly what your wrongful death attorney is for. Wrongful death lawyers strive to help Americans get the compensation which they are entitled to get. The case’s length depends on the intricacy of the issues under discussion. Besides, several wrongful death matters settle before these go to trial.

Do Not Wish to Be Greedy

You might just be in two minds regarding filing a wrongful death case because you do not wish to profit off of your loved one’s death. There is another misconception that those filing wrongful death lawsuits are greedy people, who simply want to make extra money. However, when your loved one passed away due to someone else’s negligence, you have a valid claim, and are entitled to be compensated for the damages you suffered because of this.

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