Wrongful Death

All Heirs Must Be Joined in a California Wrongful Death Claim

When you untimely lose a loved one due to the reckless or negligent actions of another party, you may be entitled to money damages by filing a wrongful death action. If there is more than one heir to the deceased victim, all parties will need to band together to pursue one California wrongful death lawsuit. California’s “One-Action Rule” The reason why the heirs of California residents who die in fatal...
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Evaluating Wrongful Death Claims: The Sex Factor

California has a specific wrongful death statute that governs who can make a claim for the wrongful death of another and what damages they are entitled to. Based on the terms of this statute and various other factors, the insurance carrier and the parties’ Irvine wrongful death attorneys will evaluate the claim to determine how much damages to award the plaintiff. Negotiation of a wrongful death claim often involves...
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Wrongful Death Claim: Who Can Sue and What Damages Are Available?

When an individual is killed as a result of the wrongful or negligent actions of another party, their survivors or representative may file a wrongful death claim to recover damages. In order get the full compensation they deserve, it is necessary to hire an experienced Los Angeles wrongful death attorney to handle the case. Who Can File a Wrongful Death Claim? There is a big difference between a wrongful...
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Are Wrongful Death Settlements Taxable in California?

A wrongful death is the loss of life that is caused by the negligent or reckless actions of another individual. Although you may be entitled to monetary compensation for the wrongful death of a loved one, you need to be aware that your settlement or judgment or portions thereof may have certain tax implications. For more information about the tax implications of your wrongful death settlement, it is in...
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California Wrongful Death Statute of Limitations: How Long Do I Have to File a Claim Under CCP Section 335.1?

If you have a lost a loved one due to the negligent or reckless actions of another party, you or the deceased victim’s estate may be entitled to monetary compensation.  However, like any other personal injury claim, under California laws, you only have a certain period of time to file a wrongful death claim. As such, it is imperative to immediately consult with an Orange County wrongful death lawyer....
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Wrongful Death Compensation for Motorcycle Accidents

When a sudden death occurs as a result of a motorcycle accident, immediate family members experience the entire range of emotions. If the life was lost due to the negligence or intentional acts of others, the grief is compounded by the reality that the loss of the loved one could have been prevented. If you have lost a loved one in a motorcycle accident as result of the negligent...
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What’s the Statute of Limitations for Wrongful Death Cases in California?

Death, despite its certainty to occur at the end of life’s natural cycle, can turn out to be very tragic if someone dies due to an accident of some sort.  It can be especially upsetting for those who believe that their loved one’s death was caused by someone’s unlawful acts. This is why the law takes the rights of a family (or the dependents left behind) into account such...
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The Role of Dependants in an Orange County Wrongful Death Case

Dependants of the deceased are one of the most important factors in any Orange County wrongful death case. Your attorney and the insurance adjuster will examine many factors relating to the deceased individual’s dependants when negotiating the value of your wrongful death case. First, they will examine the nature of the dependency. Partially dependent claimants are paid less than completely dependent claimants. There is also the expected cost of...
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Appraisal of Earnings in an Orange County Wrongful Death Case

As mentioned in my previous article, What Type of Damages Can Be Collected in an Orange County Wrongful Death Action, damages can be collected in a wrongful death case for a variety of losses, including funeral and burial costs, lost earnings, and loss of household services. In this article, I will focus on just one of this damages-lost earnings and discuss how this value is appraised. An appraisal of...
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What Type of Damages Can Be Collected in an Orange County Wrongful Death Action?

The loss of a loved one is a terrible blow from which it is hard to recover. It takes a severe emotional toll on the family of the deceased person and can cause significant financial hardships, too. These feelings may be amplified in the case of a wrongful death a situation where the person would not have died if not for the careless, negligent, reckless, or intentional behavior of...
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