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The Complicated Filing of Wrongful Death Claims Made Simple

wrongful death claims

Losing a person forever is one of the worst situations to be into. Having a loved one die because of somebody else’s irresponsible actions is not at all acceptable. You can do something to bring justice and don’t let them die for nothing. By filing a wrongful death claim, you can get compensation for the losses you have incurred and most importantly, you will be able to achieve justice and make those responsible, held liable for your loss.


Who Can File Wrongful Death Charges?

Since the victim, a death person cannot press charges for themselves. Because of this, the law allows the following people to file the cases instead:

  • The spouse and the children of the victim
  • Parents as well as the siblings of the victim
  • The children of the victim’s deceased siblings
  • Grandparents to be followed by their lineal descendants


Complications with Wrongful Death Claims

While it seems easy, wrongful death charges are far more complicated than meets the eye. There are some statutes from certain states that you need to consider before filing the claim.

Here are some of the variations when it comes to wrongful death claims:

  • While the children of the victims can file the charge for their parents, some states require minors to have a legal guardian. This usually appointed guardian is responsible to look out for the interests of the minors in the lawsuit to be filed.
  • The immediate family members are the ones who are usually allowed to file charges; some states allow distant relatives and legal dependents to file wrongful death claims.
  • While the parents of a child who wrongfully died can file charges against the defendants, some states do not allow the parents to file a case if the child died inside before even born (child died in-utero).
  • There are some cases when the person who died is caused by one of the members of the same family. Yes, the subject may face criminal penalties; the other members of the family cannot file a wrongful death charge against him. There are state laws that determine whether one can sue a non-blood relative.
  • Yes, the filing of a case requires careful analysis and preparation, time is very important in wrongful death claims. There are different statutes of limitation (or the amount of time a party is limited to in pursuing a complaint) that require parties to file charges as soon as possible. Once such limit passes, one may not be eligible to file charges anymore.


Taking Wrongful Death Charges Seriously

Given that justice is at stake when it comes to filing charge, one should really take this battle seriously. More than having all the pieces of evidence with you, it is important to consult California wrongful death lawyers to help you in boosting your chances of winning your claims and getting better compensation for it. There are some things that you may not understand when it comes to technicalities of the law. In such instances, only an experienced and knowledgeable attorney for wrongful death law in California can help you.

You wouldn’t let your loved one die in vain right? And so you must make sure that you do everything in seeking justice for what has happened to them. So you should make your move and have a wrongful death attorney in Los Angeles help you file those charges now.


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One Comment on “The Complicated Filing of Wrongful Death Claims Made Simple”

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