WRONGFUL DEATH ATTORNEY IN California
WHAT IS CONSIDERED A WRONGFUL DEATH?
COMMON CAUSES OF WRONGFUL DEATH
WHO ARE THE WRONGFUL DEATH BENEFICIARIES IN CALIFORNIA?
If a decedent has no surviving spouse/partner or descendants, the wrongful death lawsuit may be brought by any family member entitled to inherit from the decedent’s estate under California’s intestacy laws. Typically, this means that surviving siblings, parents, or grandparents could potentially bring the wrongful death action.
Other family members and individuals may be entitled to bring and benefit from a wrongful death claim in California if they can show that they financially depended on the decedent at the time of death. This includes:
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WHAT CAN BE RECOVERED IN A WRONGFUL DEATH CLAIM?
HOW ARE WRONGFUL DEATH SETTLEMENTS PAID OUT?
The compensation recovered in a wrongful death claim is paid to the family members and heirs who were entitled under California law to file the wrongful death action. Any family member or heir who brings a wrongful death lawsuit is required to name all other eligible family members under the wrongful death statute.
Conversely, the recovery obtained in a survival action is paid to the deceased individual’s estate. As an asset of the decedent’s estate, the compensation is then paid out either according to the decedent’s will, if there is one, or according to California’s intestacy laws.
Most wrongful death claims eventually result in a settlement agreed to by the estate and surviving family members and the at-fault party. Because wrongful death claims often lead to significant compensation for families, settlements are typically paid in one of two ways: