Who is Allowed to File a Wrongful Death Claim?

Understanding wrongful death claims and the complexities surrounding them can be daunting. Wrongful death refers to a category of personal injury cases that result in death due to negligence, gross negligence, recklessness, or intentional actions. In California, determining who is eligible to file such a claim is crucial. This is not only essential for seeking justice but also for obtaining compensation for the loss incurred. Our team at The Law Office of Scott Righthand, P.C., is committed to assisting you at each step of the process. Call to receive specific advice regarding your wrongful death case.

Eligibility for Filing a Wrongful Death Claim

Under California law, the parties eligible to file a wrongful death claim depend heavily on the specific circumstances of the case. Typically, the following individuals are allowed to bring forth a wrongful death lawsuit:

  • The spouse or domestic partner of the deceased
  • The children of the deceased, including minor children who were dependent on the deceased for at least half of their financial support
  • The grandchildren of the deceased if all of the deceased’s children are also deceased
  • If there is no spouse, child, or grandchild, anyone who has a claim to the deceased’s property under California laws of intestate succession, such as parents or siblings

It is important to note that eligibility may vary depending on the specific circumstances and applicable laws. Therefore, consulting with an experienced attorney is crucial to understanding the legal process and determining eligibility.

Legal Process of Filing a Wrongful Death Claim

Filing a wrongful death claim involves several necessary steps. These may include:

  • Gathering evidence to establish negligence or wrongful act
  • Identifying the responsible party/parties
  • Calculating the damages and losses suffered by the eligible parties
  • Filing the claim within the statute of limitations
  • Negotiating with insurance companies or pursuing litigation

The complexities involved in filing a wrongful death claim make it highly advisable to seek the assistance of an experienced wrongful death attorney. Such a professional can guide the eligible parties through the legal process, ensure their rights are protected, and help pursue the maximum compensation they deserve.

The Role of a Legal Professional

The Law Office of Scott Righthand, P.C. has been actively pursuing favorable outcomes for clients located all throughout the San Francisco Bay Area who have been injured in a wide range of personal injuries, including wrongful death cases, since 1992. With a team of experienced lawyers, our firm has helped people recover for injuries caused by defective products or dangerous prescription drugs, auto accidents, medical negligence, and property injuries.

Our attorneys handle each case from start to finish, beginning with the filing of the initial complaint through settlement or trial. We aim to learn as much about our clients and their situation as possible right from the start. We work with professionals to investigate what happened and carefully review all relevant documents – all before even thinking about negotiating a settlement with the adjuster. If a successful settlement cannot be reached, our attorneys have the knowledge, experience, and willingness to litigate the matter in court if necessary.

Contact an Oakland Injury Attorney

If you have lost a loved one due to someone else’s wrongful act or negligence, it is crucial to take action. Contact the Law Office of Scott Righthand, P.C. today to discuss your case and explore your legal options. Our compassionate and skilled attorneys are dedicated to helping you seek justice and obtain the compensation you deserve.

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Posted on: November 30th, 2023

Date Of Posting

16 December,2023

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