File Wrongful Death Claims – Who’s Eligable?
Regarding wrongful death laws, there tend to be a number of people (victims) who might be able to create a law suit in the court system. California legislation does nevertheless need that each individual who might have a claim to become a member within the lawsuit. Reported in California Civil Code (CCV), individuals who might have a wrongful death claim could be: surviving spouse or domestic partner, every children of the deceased, an individual who is eligible for property of the decedent accepting the deceased had no Will, any individuals who have been dependent on the deceased (kids, parents, stepchildren.) and-or a small child who existed who depended on the deceased for six months.
Qualifying – Pursue a Wrongful Death Claim.
When looking at wrongful death claims in Fontana, and generally in California, the death of the victim must be proved to have resulted from a negligent act or contributed to by another person and or entity. In circumstances not to common, California law does not allow for the filing of a wrongful death claim. Some of these are as follows:
Death or termination of an unborn child/fetus is a situation where a wrongful death claim is not available for victims. “A fetus is not a person within the meaning of our wrongful death statute until there has been a live birth”, as cited and enforced by the the Supreme Court of California. Another instance in which a claim for wrongful death is not allowable in court is a homicide that was justifiable.
A situation where people may not commonly think a wrongful death claim can be filed but it is allowable in California Civil Courts is death by suicide. For these situations it is a matter of proving that there was a responsible party who had obligation to the deceased to provide either a standard of care or or some formal duty and that person failed to perform within their expectations. Wrongful death claims can then be initiated.
Fault & Recovery – Wrongful Death Claims
Just because the deceased contributed in some part to their own death, does not rule out the filing of a wrongful death claim. California, with regards to personal injury and wrongful death, use the pure comparative fault rule, simply put, a percentage of fault can be assigned to each party and then the recovery of the victim would be relative to the percentage of fault of contribution. This is important to note, because even if a person who has died contributed to their own death in some way small or large, there may still be cause for a wrongful death lawsuit and claim to compensation for damages.
In cases where some fault was shared it is crucial to consult with a personal injury attorney with experience in wrongful death claims. An attorney can uncover details and better understand the contribution of fault to better pin point the validity of a claim as well as the potential for a favorable outcome during the recovery.