WRONGFUL DEATH FAQ 

Q: Who Can File a Wrongful Death Claim?  

A: In the state of California, there are strict regulations that dictate who can and who cannot file for wrongful death. The following are those who are most entitled to the lawsuit claim:  

• Spouse – If your spouse or domestic partner was the victim of wrongful death, you are legally entitled to file a wrongful death lawsuit and seek compensation for the loss. As the surviving spouse, you may be entitled to economic and non-economic damages.  
• Children – If you have lost your biological or adoptive parent, you are entitled to seek compensation. If you are the victim’s stepchild and can prove financial dependence, you are also entitled to file for a wrongful death lawsuit.  
• Parents – If you are the parent of the deceased, you are entitled to file a wrongful death claim. This only applies if your child was a minor at the time of death or was an adult with no descendants.  
• Other Heirs – If no spouse, child, or parent is to be considered the survivor of the victim, another surviving family member may be found to be the “heir.” Heirs are people who can inherit the property of the deceased person legally and logically if the victim passed without a viable will in place.  

Q: How Long Do I Have to File a Wrongful Death Lawsuit? 

A: California law dictates that survivors of a wrongful death victim have exactly two years following the incident to file a wrongful death suit in court. That is why it is so important for survivors of the decedent to contact a reputable law firm and file for a wrongful death lawsuit as soon as possible following the incident. 

 Q: What Damages Can I Recover in a Wrongful Death Claim? 

A:  When a victim dies because of the negligence of another party, the survivors of the decedent may suffer both economic and non-economic damages. The emotional distress associated with a loved one’s death can be debilitating. The loss of love, companionship, comfort, affection, and guidance that your loved one provided is just one of the damages a wrongful death lawyer from Wilshire Law Firm can help you recover. Survivors of the victim may additionally recover wrongful death damages based on:  

• Loss of Future Earnings – If you can prove financial dependence on the victim, you may be able to recover damages based on the future earnings of the deceased. 
• Lost Benefits – If the victim was set to receive a pension, medical and or other benefits, you may be able to receive compensation. 
• Medical Bills and Funeral Costs – Dealing with a wrongful death can lead to a pile-up of expenses, such as medical bills and funeral expenses. You should not have to be responsible for the expensive costs of a loved one’s accident. Let one of our experienced wrongful death attorneys fight for you. 

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Wilshire Law Firm is here to help you get the justice and compensation you deserve. Call us today at 888-319-0743 for a free consultation or fill out the form to connect with one of our legal representatives.

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