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What are the basics of a wrongful death claim?

On Behalf of | Aug 1, 2018 | Wrongful Death

Thousands of California residents die from natural causes every year. But, there are some who lose loved ones because of another person’s negligence. When this occurs, the surviving family members may be able to pursue a wrongful death claim to recover financial compensation for their loss.

So, what are the basics of a wrongful death claim? First, there must have been a death. The death must have been caused by the negligent or reckless actions of another person. Some of the typical causes of death due to negligence or recklessness are motor vehicle accidents and medical malpractice.

Next, the surviving family members must be able to prove that they suffered some financial loss because of the unexpected death of their loved one. If the deceased was the primary breadwinner for the family, this step becomes a bit easier. The income that the deceased would have earned over time can be projected over the course of many years. There may also be expenses associated with medical care rendered to the deceased prior to death, along with funeral expenses.

Wrongful death claims can be more complicated than run-of-the-mill personal injury cases. The damages that the surviving family members might seek can be substantial, so the defendant may fight the case all the way to a jury trial. California residents who believe they may have a valid wrongful death claim may need to get more information about their own unique circumstances. An attorney can answer any questions one might have regarding wrongful death cases.

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