The loss of elderly loved ones to old age is hard on those who loved and cared for them, while the deaths of young friends and family members can be devastating when the losses are unexpected. Not every death that occurs in the California will be considered wrongful, but it is important to understand just what constitutes a wrongful death under the law.
Every wrongful death involves the death of a victim. Many wrongful deaths are accidental, and deaths that occur because of natural causes generally will not serve as the bases of wrongful death claims. That is because wrongful deaths must be caused by the negligence of others or the intention of others to inflict harm.
Wrongful deaths can result from many different scenarios, from hospital negligence to roadway accidents to criminal activity. In order for a wrongful death claim to exist, the decedent must have had family members who were financially impacted by their loss and those financial losses can relate to the decedent's income, the costs of their accident-related medical care and even their funeral costs.
The final requirement for filing a wrongful death lawsuit in California is the appointment of a personal representative to manage the estate of the deceased victim. Once these requirements are fulfilled, a wrongful death lawsuit may be pursued for the recovery of losses that occurred due to the death of the victim. Any of our readers who have lost a loved one due to circumstances that could be deemed wrongful may need to get more information about wrongful death laws in California.