Frequently Asked Questions about Wrongful Death

The sudden and unexpected loss of a loved one is a most difficult time for the deceased person’s relatives, who are left to grieve, pick up the pieces, and try to go on with their lives. These emotionally trying times are only made worse when the person’s death is the result of the negligent or reckless actions of another person. People who have suddenly lost a loved one may be wondering if they have legal rights to receive financial damages from the responsible party. Below are some frequently asked questions about wrongful death lawsuits.

Who can file a wrongful death lawsuit?

The family (also called heirs) of a deceased person can file a wrongful death lawsuit seeking financial damages for the loss of their loved one. While states have different rules for who is eligible to file wrongful death lawsuits, a decedent’s parents, spouse, children (including adopted and step-children) and siblings are the most common plaintiffs.

What must a plaintiff prove to prevail in court on a wrongful death lawsuit?

In order to prevail in a wrongful death action, the heirs of the deceased party must prove that the death was caused by the negligence or unlawful conduct of another person or entity and establish the extent of their financial damages as a result of the death.

What types of financial damages may I be entitled to receive?

Most states, including California, allow wrongful death damages for lost earnings and financial support, funeral and burial costs, costs to obtain substitute domestic services, benefits each surviving heir might have reasonably expected to receive if the decedent had lived, reasonable compensation for the loss of love, companionship, comfort, society, solace, moral support, as well as other damages. Talk to a wrongful death attorney to find out which damages may apply to your situation.

What types of causes of death can lead to a wrongful death lawsuit?

While any death that is caused by the negligent or reckless, unlawful conduct of another person or entity can support a lawsuit for wrongful death, the most common causes of a wrongful death are accidents involving automobiles and farm, construction, industrial and recreational equipment. Exposure to toxic substances and chemicals, defective products and pharmaceuticals and intentional acts of violence such as robberies, shootings and assaults also can lead to wrongful death litigation.

Contact a Wrongful Death Lawyer near You

If you have lost a loved one to a wrongful death, you should contact a wrongful death attorney through the LawyerShop.com directory of outstanding legal professionals. Only an experienced wrongful death attorney can fully answer your questions and concerns and evaluate your legal claim. To learn more about what legal rights you may have to receive financial damages, contact a knowledgeable, aggressive wrongful death attorney today.