Wrongful Death Lawyers

Help You Need When You Need it Most

It is tragically common for individuals to suffer a fatal injury because of someone else's negligence or wrongdoing. While there is no amount of compensation that can replace a loved one, having adequate financial support during a difficult time can help a grieving family deal with their terrible loss. To determine if you have a wrongful death claim, it may be in your best interest to speak with a knowledgeable California wrongful death lawyer.

Determining if You Have a Claim

While all fatal accidents are tragic for victims' families, not all fatalities are considered a wrongful death under the law. Wrongful death claims help families recover the monetary losses they have suffered as the result of a loved one's death caused wrongfully by someone else's negligence or wrongdoing. Therefore, in order to file a wrongful death claim, there must be an at-fault party other than the victim. Was the accident a result of a DUI collision? In such cases, the drunk driver can be held accountable for the damages with a wrongful death claim. Did the accident result from someone's act of negligence or wrongdoing? In such cases, compensation may be available for surviving members of the victim's family.

Who Can File a Wrongful Death Lawsuit in California?

First Group: Not all family members are eligible to file a wrongful death claim. The first group of individuals who may file a claim separately or jointly include the spouse and children of the deceased victim. The next potential claimants include the surviving parents, followed by brothers and sisters, the children of the deceased victim's brothers and sisters, the grandparents and their lineal descendants.

Second Group: In some cases, there is a second group of claimants that may file a wrongful death claim. This group of potential claimants includes a putative spouse (an individual who can prove that he or she was married in good faith to the victim but not by law), the children of a putative spouse and stepchildren. For these dependants to file a wrongful death claim, they must prove that they were financially dependant on the victim at the time of death.

Third Group: There are cases in which a minor who is not related to the victim may file a claim. The claimant will have to prove that he or she was dependant on the deceased victim for at least 50 percent of their financial needs at the time of the decedent's death and that he or she was a resident in the decedent's household for 180 days prior to his or her death.

The following list is a general breakdown in descending order of potential claimants for a wrongful death claim:

• Spouse and children
• Parents
• Brothers and sisters
• The children of the brothers and sisters
• Grandparents
• Putative spouse and their children
• Stepchildren

Seeking Quality Legal Representation

If you have lost a loved one as a result of someone else's negligence, please contact an experienced California wrongful death attorney who can help you determine if you have a claim. It is common for insurance companies and at-fault parties to deny valid claims or to offer inadequate settlements that may not adequately compensate you. If you do not discuss your case with an attorney, there is an increased chance that you will not receive fair compensation for all your losses. There are many types of losses that may be included in a wrongful death lawsuit, which includes but is not limited to medical bills, hospitalization, funeral expenses, lost future income, lost benefits, loss of companionship and emotional distress.

The experienced California wrongful death lawyers of BISNAR CHASE will fight for your rights and help ensure that you receive fair compensation for your devastating loss. Please contact us to schedule your free, comprehensive and confidential consultation.