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 has 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.
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