If another person’s negligence has caused the demise of your family member or loved one, then you may have one wrongful death claim. People have several misconceptions about filing it though, and hesitate to do so due to some common misconceptions. Below is how wrongful death lawyers clarify the misunderstood concerns in this regard.
Wrongful Death Could Have Occurred to Any Person
When dealing with their loved one’s death, people might not wish to put the blame on anyone or think one had no malicious intention. However, if a person’s demise is due to another person’s negligence, then there may be a wrongful death claim.
I Cannot File the Claim
Under section 377.61 of the California Code of Civil Procedure, there are up to three groups of people who may bring the claim of the deceased.
- Surviving domestic partner, surviving spouse, surviving kids, or parents of demised children. If there is no existing issue of the deceased person, people who would take his or her property as per intestate succession law can assert this claim.
- The decedent’s dependent, a putative spouse, parents, or stepchildren. A putative spouse can be defined as one who feels in good faith in a valid marriage, but that it is void.
- A minor who lived with the deceased person for the last 180 days and depended upon the deceased for one-half of his or her income or more of the income.
The Process of Filing and Seeing through a Wrongful Death Claim is Time-Consuming
Yes, it can take more time to file the claim and see it through. However, that is exactly what your lawyer is for. Wrongful death lawyers work hard to help people get the rightful compensation they deserve. The length of a wrongful death case depends upon the intricacy of the matters. In addition, many wrongful death lawsuits settle before they even go to trial.
I Do Not Wish to Be Greedy
One may be rather hesitant to file a wrongful death case since they do not wish to profit off of their loved one’s demise. There is a big misconception that those who file wrongful death lawsuits are greedy people and simply want to make some extra dollars. However, if someone’s family member has passed away due to another person’s negligence, then the guilty party should be brought to light, as well as pay for the disaster brought upon the decedent’s family.