Frequently Asked Questions on Palmdale Wrongful Death Law
- What is a wrongful death claim, and who can file it?
- How is a wrongful death claim different from a survival action?
- What damages can be recovered in a wrongful death case?
- How long do I have to file a wrongful death claim in California?
- Can multiple family members file separate wrongful death claims?
- What evidence is needed to prove wrongful death?
- How does Kistler Law Firm support families during a wrongful death claim?
Wrongful Death FAQs
What is a wrongful death claim, and who can file it?
A wrongful death claim is a legal action brought by the surviving family members of a deceased person against the party responsible for the death. It seeks to compensate the family for their losses, such as loss of financial support, companionship, and funeral expenses. In California, wrongful death claims can typically be filed by the deceased’s spouse, domestic partner, children, or other close family members.
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How is a wrongful death claim different from a survival action?
A wrongful death claim is filed by the family members to seek compensation for their own losses resulting from the death of their loved one. A survival action, on the other hand, is filed on behalf of the deceased person’s estate to recover damages the deceased could have claimed if they had survived, such as medical expenses and pain and suffering before death. Both actions can be pursued simultaneously to address all potential damages.
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What damages can be recovered in a wrongful death case?
In a wrongful death case, the family may recover damages for:
- Financial Support: The income the deceased would have provided to the family.
- Loss of Companionship: Compensation for the emotional impact of losing a loved one.
- Funeral and Burial Expenses: Costs associated with the deceased’s funeral and burial.
- Loss of Services: Compensation for the household services the deceased would have provided.
How long do I have to file a wrongful death claim in California?
In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. Acting within this timeframe is crucial, as missing the deadline could result in losing the right to file a claim.
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Can multiple family members file separate wrongful death claims?
No, only one wrongful death claim can be filed on behalf of all eligible family members. The claim is typically filed by the person with the closest relationship to the deceased, such as a spouse or child, and other family members can join the claim to seek their share of the compensation.
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What evidence is needed to prove wrongful death?
To prove wrongful death, you will need to provide evidence that the defendant’s actions or negligence caused the death of your loved one. This may include:
- Medical Records: Showing the cause of death and the extent of the injuries.
- Witness Statements: Testimony from individuals who witnessed the incident.
- Accident Reports: Police or accident reports that detail the circumstances of the death.
- Expert Testimony: From medical professionals, accident reconstructionists, or other experts who can explain the cause of death.
How does Kistler Law Firm support families during a wrongful death claim?
At Kistler Law Firm, we provide compassionate and personalized legal support to families dealing with the loss of a loved one. We understand the emotional and financial challenges you’re facing and work tirelessly to secure the compensation you deserve. Our attorneys handle all aspects of the legal process, from gathering evidence to negotiating with insurance companies and representing you in court, allowing you to focus on healing and rebuilding your life.
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