The unexpected death of a loved one is a devastating event that no one prepares for. No amount of money can erase the trauma of losing a loved one in an accident. The emotional toll of such a tragedy can be much harder to bear when another person or entity is to blame for your loss.
What is a “Wrongful Death” Case?
The term “Wrongful Death” has legal significance in
California. A wrongful death lawsuit is a type of civil legal action that can
be brought by the survivors of a deceased person who died as a result of a
wrongful act or negligence.
If you’ve unexpectedly lost a loved one, it’s important to
sort out the truths from the myths related to your situation. This helps you
make informed decisions and do what’s best for your loved ones.
What are three of the most commonly believed myths about wrongful death claims?
1. You Can Only File a Wrongful Death Claim If You’re Spouse or Parent Died
There are only certain people eligible to file a wrongful
death claim. However, this group of people is larger than many people realize.
Who qualifies to file a claim is based on the specific circumstances of each
case.
Most of the time, the court considers whether or not a person
relied on the deceased for financial support when determining if they are
eligible to file a wrongful death claim. In some cases, a sibling or parent
might be eligible to file a claim. Whether or not you qualify also depends on
whether your loved one had a significant other or children.
The best thing you can do if you suspect you might be
eligible to file a wrongful death claim is to speak to a Wrongful
Death Law Firm.
2. Life Insurance Coverage Disqualifies Me from a Wrongful Death Claim
The truth is it might not matter if your loved one had life
insurance coverage. Every insurance policy is different. Unfortunately, getting
the money owed to you after the loss of a loved one can be a chore.
Even if you do receive a payout, it might not be enough to
cover the financial losses you’ve suffered. Working with a Wrongful
Death Attorney helps you understand your financial needs and determine
what’s available to you in terms of compensation.
3. My Loved One Died in an Accident and Nobody Intended to Hurt Them
In wrongful death claims, intent doesn’t matter. Most
wrongful death claims are linked to vehicle accidents in which nobody intended
to hurt anyone else. Just because someone doesn’t intend to harm doesn’t mean
their negligence won’t cause harm. And as you now know all too well, sometimes
that harm is devastating and permanent.
The only thing you need to file a wrongful death claim if
you’re eligible to do so is sufficient evidence to show negligence or
wrongdoing, intentional or not.
Determining whether or not to file a wrongful death lawsuit
is one of the most difficult decisions you’ll make after losing a loved one.
Figuring out whether you are eligible or if you can afford to file a claim
should not cause you additional stress.
Wrongful death claims are paid out of the compensation you
receive and there are no out-of-pocket costs. And speaking to an attorney about
your situation can be done without obligation. A legal professional can help
you determine whether or not a wrongful death lawsuit is appropriate in your
situation.
If you’d like to discuss your situation or you have questions
about whether you are eligible to file a wrongful death lawsuit after losing a
loved one, contact Los Angeles Wrongful Death Attorney at
Marcarian Law Firm or toll-free at 818-995-8787
to schedule a consultation.