Bay Area Wrongful Death

Wrongful Death

A Wrongful death lawsuit alleges that the decedent was killed as a result of the negligence on the part of the defendant(s), and that the surviving dependents are entitled to monetary damages as a result of the defendant(s) conduct.

Under "common law" this type of claim did not exist. It was reasoned that the claim died with the victim, and the surviving family members could not claim damages from the person who caused the victim's death. To correct this injustice, the individual states have passed wrongful death statutes. Some form of wrongful death claim action exists in all states today. In California Wrongful death actions are governed by Code of Civil Procedure §§ 377.60-377.62.

Under California wrongful death statutes and laws, only the heirs and dependents of the deceased are authorized to seek damages for the wrongful death. Heirs and dependents of the deceased may seek compensation for the loss of love, companionship, and moral support of the decedent, as well as the financial support and household services which the claimant would have received but for the negligent, accidental, or homicidal death of the victim.

The unexpected tragedy death of a family member is emotionally devastating and overwhelming especially when someone else's negligence leads to a family member's death.

When tragedy strikes through the carelessness or lack of safety precautions by a negligent party, family members should be compensated for the losses.

If you or someone you love has suffered wrongful death due to the negligence of someone else, call 800-509-2703 24 hours a day and talk to an attorney who has experience in handling wrongful death cases.