The death of an individual as a result of the carelessness of another person is often referred to as wrongful death. The usual practice is for survivors of the deceased to file appropriate lawsuit against the offender by seeking for compensation covering the loss of the survivor such as funeral expenses, lost companionship and wages. Wrongful death claim: What is it? The claim that follows the demise of a person who is wrongfully killed as a result of the legal mistake or fault of another individual is a wrongful death claim. This comprises all categories of accidents be it fatal, minor car accidents, complication arising from poor medical care and cases of product liability. Anybody can be held liable for wrongful death such as companies, agencies; private or public/government or persons. Wrongful death: Who can sue? The representative acting on behalf of the deceased’s survivors (also known as the real parties in interest) usually file for or sue for wrongful death. He could be the executor of the estate of the person involved in wrongful death. While the real parties in interest vary from one state to another, they may include any of the following people: Family members: This primarily refers to the immediate family members of the deceased comprising spouses, children and parents stand the chance of recovering actions in a wrongful death. Children here comprise all blood related ones and those adopted. Dependents and other categories of spouses. A wife who was legally married to a man or a husband who has a good faith that he was married to the deceased as well as anyone who has been financially dependent on the victim has the right sue and make recovery. Extended family. The extended family members of a deceased may be allow to seek right for recovery in some states. Other distant members of the family like brothers/sisters, cousins, nieces, nephews and grandparents have the right to bring lawsuits of wrongful death. Those financially affected. It is possible for people who were financially dependent on the victim of wrongful death to sue offenders. Even if they are not directly related to the victim but are in one way or the other dependent on him/her for financial assistance. Parents. Parents of unmarried children or of the child that died at childbirth can be regarded as real parties in interest and so make lawsuit against offenders. For the death of a child or fetus, it could be the carelessness of medical practitioners involved that will be sued. Most parents are encouraged to sue because of the emotional as well as financial losses incurred from the demise of the child. You may need to find out from your wrongful death Attorney In Los Angeles And San Fernando Valley California if this is acceptable in your state. Wrongful death: Who may be sued? Anyone, company, government agency and employee found guilty of wrongful death will face the lawsuit of wrongful death. In a situation where a medical practitioner mistakenly or intentionally prescribed a wrong drug that claimed the life of a patient, defendants will entail the company that produced the drug, the distributor of the drug, the doctor who prescribed the drug, the pharmacist who sold the drug, the nurse who administered the drug and other stakeholders involved. This implies that all parties involved in the death of the victim will be brought to book. That someone is liable or accused of wrongful death does not mean he or she will be convicted of the crime especially when his or her guilt cannot be established or proved. Wrongful death: What time limit is suitable for filing a claim? This is called the statute of limitations, and it varies from one state to another as each sets the specific time limits for which wrongful death lawsuits can be pursued. Apart from variations from each state the general rule is the filing to be done within 2 years of incident. Consulting a wrongful death Attorney In Los Angeles And San Fernando Valley California to determine the right time to file the lawsuit is great wisdom because there might be need to file it earlier than others depending on the case at hand and the degree of survivors’ loss. There are however cases of one year statute of limitations such as those involving minors, individuals with mental illness or disability, cases of fraud and cases of deliberate actions. In some situations, the factor that determines the time limits is the date the harm is discovered known as date of discovery. Therefore, cases involving medical and/or legal malpractice, product liability and constructions claims are given higher/upper limits by some states. Wrongful death: What are the damages? The type of damages that survivors can claim in a wrongful death lawsuit depends largely on the state of operation, but in general, there are: Economic damages: This covers all financial impacts the deceased would have made to survivors if he or she were still alive such as funeral expenses, medical bills, salary/wages, pension plans, inheritance and other related losses. Non- economic damages: This has greater value than economic ones as it includes emotional pains and other losses of psychological and social ties with the deceased. Punitive damages: This allows the offender to be given appropriate punishment. Some states include attorney’s fees in the damages to be recovered by survivors. No matter how smart you may feel you are, you need the service of a wrongful death Attorney In Los Angeles And San Fernando Valley California because of the complexities of law often associated with some actions related to wrongful death, which can lead to huge damages being awarded. So, if you are a survivor of the victim of wrongful death, you can seek assistance from your attorney. Don’t hesitate to contact the Leventhal Law Group, P.C to learn about your rights and options against improper treatment or personal injury of all categories. Call 818-347-5800 for a free consultation today!