Wrongful Death FAQ's

What is a Wrongful Death Claim?

A Wrongful Death Lawyer represents the family of the deceased in bringing a claim against the defendant whose alleged negligence caused the death of the relative. The surviving members of the family are owed monetary compensation by the defendant due to his or her role in the death.

Each state's jurisdiction conducts itself differently; with distinctive rules applied to "wrongful death statutes". All states maintain some form of wrongful death claim available to surviving family members.

What are the essentials of a wrongful death claim?

To file a wrongful death claim the death must have been due, entirely or in part, to the defendant's negligent behavior. There must be a surviving spouse, child, or family member to collect the financial costs that resulted in the death.

Who is allowed to file a wrongful death claim?

Each state has different rules as to who may file a wrongful death claim. Typically the immediate family (i.e. spouses, parents and children) may file a wrongful death claim. A child who is a minor may be required to have representation regarding court matters.

Are there restrictions on when a Wrongful Death claim can be filed?

Each state has a statute of limitation to file a wrongful death complaint, which usually starts with the victim's death. In certain cases the statute of limitations may start when it is discovered that a loved one's death may have been caused by the negligence of another. If the statute of limitations has run out, a claim may be denied. That is why it is extremely important to contact a California wrongful death attorney as soon as possible.

If you or a loved one has suffered the loss of a family member you should contact a California wrongful death lawyer or wrongful death damages attorney. The wrongful death attorneys at Demas & Rosenthal are dedicated and experienced in all areas of personal injury law. We will help you recover the monetary compensation that you rightfully deserve.