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Call 866-948-3773 for a
free Consultation or fill
out the form below to
contact us by email.
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Wrongful Death
When a death is caused
by the wrongful acts of
another it is often
referred to as a wrongful
death. This unfortunate
type of death may be
the basis of a lawsuit
brought usually by the
surviving family
members.
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Phone
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Email
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Description
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This is called a wrongful death action. The surviving family
members are typically the plaintiffs who have lost the company
and support of the deceased, and they bring this claim
collectively.
Who Can Bring A Wrongful Death Claim?
The primary individuals allowed in California by law to seek
wrongful death damages are the people who would be the
decedent's heirs. These include:
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- Surviving spouse
- Children
- Surviving children of a deceased child of the decedent
- Domestic partner
If none of the above individuals exist, the next level of family could bring wrongful
death claims, including the parents and siblings of the deceased.
What Can Be Recovered In A Wrongful Death Claim?
The following are types of damages which one may be able to recover in a
wrongful death lawsuit:
- Lost financial support
- Funeral and burial expenses
- Costs to obtain substitute domestic services
- Benefits that each heir reasonably expected to receive if the decedent had
lived
- Reasonable compensation for the loss of love, companionship, comfort,
society, solace and moral support of the decedent.
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Those who have suffered a wrongful death and are seeking wrongful death damages have not suffered a
personal injury. Therefore, pain and suffering, medical expenses, lost wages or other damages that are
commonly recovered in a personal injury cause of action will not be available as wrongful death damages.
Monetary damages for the grief and sorrow caused by the death of the decedent also cannot be recovered.
How Does A Wrongful Death Occur?
Wrongful death cases can arise from many different situations. Often, they stem from accidents or mishaps
involving:
- Use of automobiles, farming implements, industrial machinery, recreational equipment or construction
tools
- Exposure to toxic substances such as chemical spills, pollutants and toxic mold
- Unexpected consequences from defective products or prescription drugs
- Medical malpractice in hospitals or doctors’ offices, or
- Violent crimes such as shootings, assaults and robberies.
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703 Market Street, Suite 1109 San Francisco, California 94103
Telephone: 415-543-6462 Toll Free: 866-948-3773 www.guerrerolaw.net
Privacy Policy Copyright © 2005 - The Guerrero Law Firm
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