Randolph & Associates
Call us today for a free consultation
(800) RANDOLPH800-726-3657 Se Habla Español
Over 40 years of disciplined legal experience.

How the filing of a wrongful death lawsuit works

A family that loses a loved one due to either the negligent or carelessness actions of another may suffer losses on many different levels. A partner may lose his or her companion or a family may be left without their household's breadwinner, for example.

In each of these cases, there's a common element of unexpectedness. An individual's life was cut short without his or her loved ones being afforded a time to get their affairs in order in advance.

It's not necessary for a person to have been charged with a crime related to the decedent's demise in order for his or her survivor to file a wrongful death claim. An attorney, attempting to prove a wrongful death case, is not required to meet the same standard of proof of culpability required of prosecutors in trying criminal cases.

Wrongful death cases are also different from criminal ones in that they're not brought by a prosecutor. Instead, they are filed by the individual representing the decedent's estate. Any proceeds that are won from the filing of that lawsuit may ultimately be passed on to an individual's heirs or others designated in the individual's will.

There are a number of different types of events that may lead a decedent's loved one to file a wrongful death lawsuit. Some of the more common reasons these types of lawsuits are filed include because an individual dies as a result of medical malpractice, because he or she is exposed to a hazardous work environment or because he or she loses his or her life while under another's supervision.

Lawsuits of this sort are filed in response to an individual being killed in a fatal airplane, a car crash or in cases of murder.

If you have a loved one that has been killed under one of these circumstances or something similar, then you may want to consult with a San Bernardino wrongful death attorney. In doing so, he or she may be able to advise you of the different types of damages you can seek when filing your case.

Source: FindLaw, "Wrongful death overview," accessed Aug. 24, 2017

No Comments

Leave a comment
Comment Information
Begin A FREE CONSULTATION

Need Help? Have a Legal Question? Contact us now for a free consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Awards & Associations

  • State Bar of California - California Board of Legal Specialization
  • Distinguished AV - LexisNexis Martindale-Hubbell - Peer Review Rated for ethical standards and legal ability - Donald C. Randolph 2004-2016
  • Super Lawyers Donald C. Randolph 2004-2016
  • Multi-Million Dollar Advocates Forum
  • Million Dollar Advocates Forum
  • Bar Register Preeminent Lawyers Donald C. Randolph 2004-2016
  • Consumer Attorneys of California
  • Consumer Attorneys Association of Low Angeles
  • The national trial lawyers | Top 100 trial lawyers

Santa Monica Office
1717 Fourth Street, 3rd Floor
Santa Monica, CA 90401

Phone: 800-726-3657
Santa Monica Personal Injury Office

Rancho Cucamonga Office
9431 Haven Avenue, Suite 100
Rancho Cucamonga, CA 91730

Phone: 800-726-3657
Rancho Cucamonga Personal Injury Office

Palm Desert Office
77711 Flora Road, Suite 101
Palm Desert, CA 92211

Phone: 800-726-3657
Palm Desert Office Location

Connect with our firm online: