Most Frequently Asked Questions about Wrongful Death Lawsuit

May 30, 2018
On behalf of The Law Offices of Howard Craig Kornberg Posted in Wrongful Death

When you lose a loved one it causes a lot of heartache and that heartache is magnified when that loss could have been prevented. In California, it is mandatory for all employers to provide medical insurance for every single employee but these laws vary by state.

The person that is responsible for the wrongful death will more often than not face a criminal conviction. These convictions, however, unfortunately, do not help to cover the costs that have been incurred such as loss of income and funeral costs due to this death.

Is it appropriate to sue for wrongful death?

In order to file for a wrongful death claim, the four criteria that need to be fulfilled are:

  • The person must have been pronounced dead
  • The death was caused by another person, whose actions caused the death.
  • The death of the loved one had a big impact on the ones left behind, financially.
  • There is a personal representative for the will of the person who has suffered a wrongful death.

Who is allowed to file the wrongful death lawsuit?

As stated above the estate of the person who dies needs to have a personal representative, and the wrongful death lawsuit must be fired by this person. This will vary from state to state, as to which family members can file the lawsuit. All across the United States widowed spouses and children that are left behind can file the case.  In the state of California if these parties are not present the suit can be filed by anyone who can directly inherit the deceased person’s estate.

What costs can you claim?

The financial loss incurred can be hard to define by an exact amount. Normally the costs you can claim are:

  • Funeral And Burial Expenses
  • Medical Bills Related To The Illness Or Injury That Resulted In Death
  • Income That The Deceased Person Would Have Been Likely To Earn In The Future
  • Value Of Household Services Provided By The Person Who Died

Is there a time limit to when you can file the suit?

As soon as you suspect that the death of a loved one was caused due to somebody else’s negligence. It is imperative that you contact a personal injury lawyer. This is because there is a time limit on the time that a lawsuit can be filed for wrongful death. The law in California only gives you two years to provide the court with a lawsuit.

Wrongful death is traumatizing and can turn out to be quite a complicated experience in the state of California which is why you need a Riverside wrongful death lawyer that is well-versed in California wrongful death claims by your side. Find out your best options for a wrongful death lawsuit by contacting the Law Offices of Howard Craig Kornberg. Call our offices at 310-997-0904 to get a free consultation.


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