Wrongful Death Claim Process

posted in Uncategorized, by dcmmoguls, on October 16, 2017

The loss of a family member or special person is heart-breaking. It is even more difficult when that person dies from no fault of their own.

When someone dies due to the fault of another person or corporation, the survivors may be able to bring a wrongful death lawsuit. Wrongful death lawyers are involved in cases ranging from simple car accidents to complicated medical malpractice or product liability cases. The worldwide Taketa air bag issue or the controversial death of a celebrity are examples of a wrongful death situation.

Who Can Initiate a Wrongful Death Lawsuit?

According to the law, a wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death. This party may be:

  • Immediate family members, including spouses, children and the parents of unmarried children.
  • Life partners are able to file suits in many states.
  • Financial dependents including individuals not related or married to the victim are permitted to file in some states.
  • Putative spouses, defined as a person who had a belief that they were going to be married to the victim.
  • Distant family members such as brothers, sisters, and even grandparents.
  • Parents of a deceased unborn child are now permitted in a few states.

Since the people involved in wrongful death lawsuits have personal ties to the victim, these cases are usually highly emotional. That is why it is wise to hire a Wrongful Death Lawyer to navigate these types of disturbing cases and provide an objective, yet caring, guide to obtaining compensation.

Four Elements of a Wrongful Death Case

In order to succeed in a wrongful death case, four basic components are required to be proven:

  1. death was caused by the defendant, whether an individual or
  2. death occurred as a direct result of the defendant’s negligence.
  3. the death has adversely affected those filing the case.
  4. the death of the loved one resulted in present and/or future monetary losses.

Evaluating wrongful death damages can be extremely complicated, which is another key reason to hire a professional attorney,” states Claude Wyle of Choulos, Choulos & Wyle law offices in San Francisco, serving all the Bay Area including Oakland and San Jose. “Expert witnesses, such as economists and actuaries may be needed to calculate the present and future monetary value of services and care that the deceased was providing.”

Type of Compensation

For a consultation on your wrongful death circumstance, please call us today toll-free at 877-702-7800 or visit us online at www.ccwlawyers.com.