It is difficult to lose a loved one. Your life suddenly changes and you have to deal with grief, funeral arrangements and medical bills. You may be able to file a wrongful-death claim if another person’s negligence has caused the death of your loved ones. Many misconceptions surround filing a wrongful death claim:
- “I am already receiving life insurance benefits” – You are better off if the decedent had life insurance policies than those who didn’t. Life insurance policies pay a lump sum of the plan’s decedent and do not take into account future income lost, pain and suffering, and any other medical bills.
- “This Could have Happened To Anyone!” – You might not want anyone to be held responsible for the death of a family member. Or you may believe that there was no malice. There is a possibility of a wrongful death case if someone dies as a result of negligence.
- “I can’t file the wrongful death claim”
The CCP SS377.61 provides three categories of people that can bring a wrongful-death claim against the decedent.
- Surviving spouse, domestic partner and children. If there is no surviving child of the deceased, the claim can be made by those who wish to inherit the property through intestate succession.
- A dependent of the deceased, a spouse, stepchildren or parents. Putative spouses are people who believe in good faith that there is valid marriage but it is invalid.
- A minor who lived with the decedent during the preceding 180 days and was dependent on him for at least one-half of his income.
- “This Will take too long” – Yes, it can take a long time to file a claim and see it through. Your attorney can help you get the compensation you deserve. Your attorney will fight to obtain the compensation you are entitled. The complexity of the issues will determine the length of your case. Many cases are settled before going to trial.
- “I don’t want to be greedy” – It is possible to be reluctant to file a lawsuit if you don’t want to make money from the death of a loved. It is common to believe that lawsuit filers are greedy and only want to make money.
It can lead to a failure of your case if you wait to hire an attorney. An attorney keeps track of California’s statutes of limitations, evidence and any other details in a case.
Summarized from an article by Sargent Law Firm.
