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Blogs from October, 2023


Death is a natural part of life, but it can be even more challenging when it is unexpected and caused by someone else's negligence or wrongful act. In such scenarios, filing a wrongful death lawsuit can provide some measure of justice and compensation to the victim's loved ones. However, not everyone can file a wrongful death claim on behalf of the deceased.

Who can file a wrongful death lawsuit?

Typically, only the following individuals are allowed to file a wrongful death lawsuit:

1) Surviving spouse or domestic partner

2) Children or grandchildren of the deceased

3) Parents or legal guardians of the deceased

4) Individuals who were financially dependent on the deceased

It's crucial to note that some states have different laws or limitations regarding who can file a wrongful death lawsuit. For example, some states do not allow adult children to file such claims, and others may require a court-appointed representative or administrator to file on behalf of the deceased.

What damages can be sought in a wrongful death lawsuit?

The damages that can be sought in a wrongful death lawsuit depend on the case's circumstances. They may include medical expenses before the victim's death, funeral and burial expenses, loss of income and future earnings, loss of companionship and support, and pain and suffering. In some cases, punitive damages may also be awarded to punish and deter the wrongdoer from engaging in similar misbehavior.

What factors can affect the success of a wrongful death claim?

Several factors can impact the success of a wrongful death claim. Some of them include the strength of the evidence, the skill and experience of the attorney handling the case, the defendant's liability and insurance coverage, and the state's statutes of limitations on filing such claims. Moreover, wrongful death cases involve complex legal and emotional issues, so working with a qualified attorney who can guide you through the process and stand up for your rights and interests is crucial.

San Jose Wrongful Death Lawyers

At Needham Kepner & Fish LLP, we specialize in handling wrongful death lawsuits in San Jose, CA. Our compassionate team of attorneys is dedicated to helping families seek justice and obtain the compensation they deserve. Contact us today at (408) 716-1668 to schedule a consultation and let us guide you through this challenging process.