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Wrongful Death Claims
A cause of action for the death of a
person may be brought by:
- The decedent’s surviving spouse,
domestic partner, children, and issue of the deceased children.
- The putative spouse, children of the putative
spouse, stepchildren, or parents, but only if they were dependent on the
decedent.
In a wrongful death claim the claimants
must prove that the decedent’s death was caused in whole or in party by
the wrong doing of another. Or that the wrongdoing of another was a
substantial factor in causing the death of the decedent.
WHAT CAN CLAIMANTS RECOVER
The claimants are entitled to recover:
- The financial support, if any, that decedent
would have contributed to the family during either the life expectancy
that decedent had before death or the life expectancy of claimant
plaintiff, whichever is shorter;
- The loss of gifts or benefits that claimants
would have expected to receive from;
- Funeral and burial expenses; and
- The reasonable value of household services
that decedent would have provided.
- The loss of decedent's love, companionship,
comfort, care, assistance, protection, affection, society, moral
support; and
- The loss of the enjoyment of sexual relations,
if applicable.
- The loss of decedent's training and guidance,
if applicable.
The following cannot be considered in
computing recovery for a wrongful death claim:
- Claimant’s grief, sorrow, or mental
anguish;
- Decedent's pain and suffering; or
- The poverty or wealth of claimant.
Speak with a San Diego Wrongful Death Attorney (760)
471-4624
or Email me : Arnold@ArnoldHernandez.com
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