Wrongful Death Claim

2013 June 25

wrongful death claim can be complicated and particular, which is why it is so important to have an experienced Wrongful death attorney at EZER LAW GROUP on your side. As the survivor of a loved one, you can file a wrongful death lawsuit for the recovery of the following three kinds of damages:

  1. The loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent;
  2. The value of the household services the decedent would have provided in the future, if any, and
  3. The value of the financial support which the claimant would have received from the decedent but for the death.

After a loved one has passed away, there are only certain people who may file a wrongful death claim. First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent. These survivors can file separately or jointly. If these types of claimants do not exist, next in line are the person’s:

  • parents;
  • then brothers and sisters;
  • then the children of deceased brothers and sisters;
  • then grandparents;
  • and then their lineal descendants

A second group of claimants, which are not covered in the first group are:

  • putative spouse (a person who can prove that he/she had good faith belief that they were married to the decedent, but were not married by law)
  • children of putative spouse
  • stepchildren
  • and parents of decedent

The only way that those qualified under the second group can file a wrongful death claim is if they can prove that they were dependent upon the decedent at the time of death.
The final class of claimant is any minor who can prove that they were a resident of the decedent’s household for 180 days prior to the death and that they were dependent upon the decedent for at least 50% of their support at the time of death.
To determine if you are eligible in any category to file a wrongful death claim, it is important to have a knowledgeable attorney on your side. By hiring EZER LAW GROUP, you can be assured that we will take care of all the paperwork, research, and answer all of your questions. Please call our office for your free and confidential consultation. We can help you answer any questions and tell you how to handle the case.

FREE CONSULTATION LINE- 408-244-3322

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