Who can file a wrongful death claim and what is necessary?

Anyone in Long Beach, California, who loses a loved one due to another party’s reckless, negligent or deliberate actions, might have grounds to seek monetary compensation on behalf of the deceased person. Deaths could result from auto crashes, medical malpractice, workplace accidents or unlawful actions during a criminal incident. Wrongful death lawsuits are civil court actions that require the establishment of applicable legal grounds, and the claims must be filed within the statute of limitations.

Surviving family members will pursue the claim on behalf of the deceased loved one’s estate. Therefore, a probate estate must be opened. To meet the requirements of the legal grounds, the deceased person’s surviving family members must establish recklessness, negligence or the deliberate actions of another party. This negligence can also involve a failure to act by the defendant. Furthermore, they must show that their loved one’s death resulted in documented monetary damages.

Children and surviving spouses are entitled to file wrongful death claims. Whether grandparents, siblings or other family members can file such claims, depend on state laws. After establishing liability in court, documented claims for financial losses can be presented for the court’s adjudication. Claims may include medical costs and expenses related to end-of-life arrangements. Lost wages could be claimed for the income equal to what would have been earned if the family member had lived his or her life expectancy period.

Documented claims can also include the pain and suffering the wrongful death caused for the surviving family members. As with all laws, exceptions exist, and the most sensible step would be to seek the support and guidance of an experienced wrongful death attorney in Long Beach. Legal counsel can explain the requirements and assist with establishing negligence. A lawyer can also advise those who learned that a loved one died a wrongful death after the statute of limitations may have expired.