Understanding the Basics of Wrongful Death Statutes

Wrongful Death

Deaths due to accidents are one of the leading causes of fatalities in the U.S. According to the National Safety Council, there is an occurrence of a fatal injury every five minutes. In 2003, about 101,500 accidental deaths occurred in the United States alone. Some of the most common causes of these deaths include, but are not limited to, the following:

• Motor vehicle accidents


• Slip and fall Accidents


• Poisonings


• Choking


• Fires

Wrongful death occurs when an individual dies due to the reckless, intentional, careless, or negligent act of another individual or entity.

If your loved one has died because of the neglect or wrongful action of another, it is crucial to hire a skillful wrongful death settlement attorney to help you with your case.

In most wrongful death actions, time is of much importance. Identifying defendants and preserving evidences are vital factors in many of the causal accidents that involve cases of death. Such legal proceedings require maintaining experts and investigators to begin evaluations and investigations as quickly as possible. Therefore, hiring an attorney to represent you should not be delayed.

Wrongful Death Statutes

In the traditional "common law," legal actions regarding cases of wrongful death did not exist. It was thought then that the wrongful death claim of the victim died with that person. State legislatures had realized that this law failed to compensate surviving family members of the victim and others who have suffered some non-economic and economic losses as a result of the death of the victim. Because of this, legislatures enacted wrongful death statutes to fix this problem.

Claimants of Wrongful Death Claims in California

The wrongful death laws in California only allow individuals that have a certain relationship to the victim of an accident to file a wrongful death claim. The following are the individuals who are allowed to file such legal actions, in a descending order of priority:

1. The victim's surviving spouse, children, stepchildren who are dependent, minors who are dependent and are living in the household of the victim no less than six months, or dependent parents


2. If there are no heirs or beneficiaries as stated above, then claimants can include those individuals who would be entitled to inherit the assets of the victim, under the law of interstate succession:


• Parents, dependent or not; if there are none, then


• Siblings or the children of deceased siblings; if there are none, then


• Grandparents; if there are none, then


• Children of a deceased spouse


3. If there are no such relatives that exist, the next of kin can file a wrongful death claim

A personal representative of a wrongful death victim may also maintain a wrongful death suit on behalf of those individuals who are listed above. A personal representative is someone who is appointed by the probate court to deal with the estate or assets of the wrongful death victim. When proceeds are obtained from the claim, the personal representative can distribute it according to the wrongful death statute.

Wrongful Death Settlement Attorney

If you have a loved one who wrongfully died due to the fault of others, it is important to hire a wrongful death settlement attorney to help you with your case.