File Wrongful Death Claims – Who’s Eligable?
California state law lays out a clear set of standards when regards to wrongful death claims and these apply to families in Ontario who are looking to pursue a wrongful death claim. Within these standards are limitations on who is able to file and receive any compensation for the claim. Typically in wrongful death claims the general public understands that children are a priority and as a society we feel they should be taken care of. Aside from a child or children of the deceased, spouses and domestic partners are eligible to file wrongful death claims too. Even further the court allows for claims on behalf of depends of the deceased like parents and even other family members. Generally speaking, a claim could be filed by a person who was financially dependent on the deceased.
If you think that you have a wrongful death claim and want to know for sure that you are able to move forward under California law, an experienced personal injury attorney can help determine your rights.
Qualifying – Pursue a Wrongful Death Claim
A wrongful death claim is typically filed based on the sole fact that the person who is deceased would not have otherwise died without either an intervention of someone else, or the lack of care or negligence of someone. There are also deaths that occur in California where both claims cannot be filed as well as situations that seem where claims would not be allowed, but the court will allow a formal lawsuit for wrongful death to be filed.
Death by suicide is one situation where the family can move forward on a wrongful death claim. These situations would involve proving that someone had some level of care or obligation to the deceased, and they failed to provide this service which then resulted in the deceased taking their own life. These cases are becoming more mainstream with the emergence of bullying on school grounds and institutions.
Cases where families would commonly want to go forward with a wrongful death claim, but may be unable to based on California law and the restrictions are death of an unborn child. Based on the California Supreme Court an unborn child does not met the requirements of a person with regards to California personal injury suits. Another example of a death not able to result in wrongful death claims would be certain homicides, particularly justifiable ones.
If you have questions about your situation and if it qualifies for a wrongful death claim, Justin H. King can consult and determine exactly your rights with regards to wrongful death.
Fault & Recovery – Wrongful Death Claims
A death of a family member that was not expected at any time is hard to deal with. Mix in the chance that the deceased may have been negligent themselves or somehow contributed to the death, could be embarrassing to the family. They may not want to discuss details with other family and may not feel that they have right to a personal injury claim. That is nothing further than the truth under California law. Even if the deceased was somewhat responsible for their death, a wrongful death claim can still be filed.
Under California Law a percentage of fault can be assigned and based on that percentage a reduced or partial claim award can still be issued. This is important for victims of wrongful death to know since they can still receive a healthy compensation for damages suffered.
An attorney who is familiar with personal injury and specifically wrongful death claims can help victims have a better idea about their particular claim and who it would be treated under California law. The Law Office of Justin H. King can advise as to these particular situations and rights of family members of wrong death victims.