A wrongful death claim occurs when someone dies due to the negligence or wrongful act of another individual or entity, and it is considered a civil lawsuit. Every state has its own set of statutes that explain who can file such a claim, how much time they have to do it, and the kind of damages a person can claim. Not just anyone can file a wrongful death claim, so it is important to have a keen understanding of your state's statutes.
Wrongful death is a tragic occurrence wherein someone dies at the fault of another party. A lawsuit can be brought about to hold the negligent party responsible for their actions. The survivors may be able to receive compensation for their loss, the lost wages of the deceased, the loss of companionship and the funeral expenses involved. Wrongful death lawsuits were not existent in "common law," this right is fairly new, but now every state in the U.S. has some sort of wrongful death regulations. If you would like to discuss your case with a skilled San Jose personal injury attorney, do not hesitate to contact our firm. When a person dies due to the fault of another, the claim for wrongful death can be filed by any of the following parties: