Death is inevitable and most times, it comes unexpectedly. However, if death is caused by negligence or misconduct, such as in accidents, the immediate family of the deceased may file for a wrongful death claim in a civil court, suitably guided by an expert and experienced Long Beach wrongful death lawyer.
The wrongful death lawsuit is created to provide monetary support to the surviving family of the deceased. It is meant to augment the losses caused by negligence and misconduct, including lost wages from the deceased, medical and funeral expenses, lost companionship, lost prospect of inheritance, and even interests incurred from the date of the death.
Who Can File for a Wrongful Death?
A wrongful death is filed by a personal representative of the survivors who suffered financially from the decedent’s death. The wrongful death statutes may be different from state to state, but in most cases, the survivors may be any of the following:
- Immediate Family Members – The spouse and children commonly file for wrongful death claims. In other cases, however, such as in the death of a fetus, the bereaved parents may also file for a claim. Before you proceed, seek out a legal professional to shed light on the matter. The state you are in might have a different ruling that you need to understand to make a proper claim.
- Domestic Partners – In some states, anyone who is financially dependent on the decedent may be considered to file for a wrongful death claim. That’s even if they have no connections legally, such as in marriage.
- Distant Family Members – Brothers, sisters, grandparents, and other distant family members may also have a right of recovery from a wrongful death. That will depend on the situation. If the decedent is a grandparent who had a child under their care, that child may file for compensation.
- Anyone Who Suffered Financially – In some states, even persons who are not related by blood to the decedent may claim for a wrongful death, as long as it has been proven that the person is financially dependent on the deceased.
Before you plan out your line of action, it is best to check with a lawyer about the wrongful death statutes in your state. Air out your concerns about the claim to know if such action is allowed in your state or not.
Wrongful Death Defendants
A wrongful death may be filed against persons, companies, and entities that might have a hand in the death. In case of an injury or accident caused by negligence or misconduct, the person at fault may be held liable. For example, a road accident in a faulty roadway that killed a person where a drunk driver also figured, may include the following as defendants:
- The driver at fault
- The builder of the faulty roadway
- The person who sold or served alcohol to the impaired driver
The wrongful death lawsuit is a civil remedy to help orphans and widows survive the financial difficulties caused by the death of a decedent. A personal injury or a Long Beach wrongful death lawyer must be consulted for legal actions to ensure that everything is in order from the timely filing of the case and beyond.
