Your family may be recovering from the tragic death of a loved one, especially if that death was caused by someone else’s negligence, criminal activity, or reckless behavior. You should know that you have a right to pursue a wrongful death claim in these instances.
A successful wrongful death claim in Baywood-Los Osos will provide compensation for you and your family’s losses, including your loss of companionship, the loss of the services your loved one once provided, the loss of their income, and the money you spent on funeral and burial.
Court-appointed executors of the deceased’s estate can also seek a separate survival action claim that compensates the estate for the deceased’s medical bills and other losses.
Filing a wrongful death lawsuit can be difficult because the survivors (plaintiffs) are required to prove that the at-fault person, people, or company (defendant) acted negligently and was directly responsible for the death.
Working with an experienced Baywood-Los Osos wrongful death attorney can simplify this process. Your lawyer will investigate your case, gather evidence, and build a strong argument that the defendant is responsible for your losses. An attorney also ensures all of your paperwork is filed correctly and on time.
The Ernst Law Group works closely with grieving family members who want to recover financially from their loss and seek justice against those responsible for their loved one’s death.
You can speak with one of our Baywood-Los Osos wrongful death lawyers for free when you call (805) 586-0194 or contact us online to schedule a no-obligation case review.
Who Can File a Wrongful Death Claim in Baywood Los Osos
California law (Code of Civil Procedure 377.60) says that the spouse or domestic partner of the deceased can file a wrongful death claim, as can the decedent’s surviving children. If the decedent has grandchildren but no surviving children, then those grandchildren may be eligible.
Descendants with no surviving spouse or children can have their claim taken up by the next person in line to inherit their property, according to California laws for intestate succession.
Only someone officially designated as the executor for the deceased can file a survival action. To do this, they must petition the California Superior Court of San Luis Obispo County and be the most qualified person, usually according to their familial relationship with the deceased.
