What Is A “Wrongful Death” Claim?

Michael Waks

10 years ago

Wrongful death claims are a different kind of personal injury lawsuit. Personal injury cases normally seek to recover damages for the victim of an accident. A wrongful death lawsuit seeks compensation for the victim’s survivors. Survivors can seek compensation for emotional losses such as loss of love and companionship, and loss of consortium. They can also recover monetary costs like medical bills incurred by the deceased, funeral expenses and the loss of the deceased person’s wages. In some cases survivors may be entitled to compensation for pain and suffering experienced by the decedent before his or her death.

Wrongful death claims are some of the most difficult cases I handle. Losing a loved one is never easy, but losing a loved one because of someone else’s negligent, reckless or intentional act, can be truly devastating.

Who Can File A Wrongful Death Claim in California?

Wrongful death can happen as a result of any personal injury accident. Whether it is a defective product, motor vehicle, slip and fall, bicycle or pedestrian accident, a wrongful death is caused by someone’s negligence, and the decendent’s family has the legal right to compensation.

Under the California Civil Code a wrongful death claim may only be filed by certain people – a surviving spouse, children, parents, siblings, grandparents and/or people who were financially dependent on the deceased. In some cases, other family members or the decedent’s estate may file a wrongful death claim.

A personal injury attorney representing surviving family members can file a joint wrongful death lawsuit.

Damages Available for Wrongful Death Claims

Damages in a wrongful death claim fall into two categories, those associated with the death and those associated with personal loss. Damages that are attributed to the death are economic – medical expenses of the descendent from the date of the accident through his or her death, funeral expenses, and current and future lost earnings.

Damages attributed to personal loss are non-economic. These include the loss of love, companionship, sexual relations, emotional support and guidance. Also included is the loss of household services such as help caring for children and household chores.

The sudden loss of a loved one is devastating. Although taking legal action may not be a priority, speaking to a personal injury attorney as early as possible is important. The compensation provided by a wrongful death claim will not bring the deceased back to life but it can help provide financial security and bring a sense of justice and closure to the survivors.

Contact an Experienced Long Beach Wrongful Death Attorney to Assist You with Your Claim

“Your Injuries are Personal to Me”

My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery. I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.