Fresno Wrongful Death Laws

Wrongful death in Fresno

If someone close to you dies unexpectedly due to the negligent, careless, intentional, or reckless actions of someone else, a wrongful death lawsuit may be brought by the people who depended upon the deceased for financial or emotional support.

The wrongful act that resulted in the death of your loved one may be a negligent act, a reckless act, or an intentional act.  Some Fresno wrongful death casest include:

  • Car accidents
  • Airplane accidents
  • Criminal attacks
  • Death during a supervised activity
  • Medical mistakes
  • Work-related exposure to toxic substances or dangerous conditions

Parties who can bring a wrongful death lawsuit in Fresno

According to California wrongful death statutes and laws, only the heirs and dependents of the deceased are authorized to seek damages for the wrongful death of the decedent.  Claimants include the surviving spouse, children, dependent stepchildren, dependent minors living in the home of the deceased for at least six months, and dependent parents.  If there are no heirs, then claimants include those who would be entitled to inherit the estate of the victim under the law of intestate succession.  Finally, the next of kin may file a wrongful death suit.

Compensation in a wrongful death lawsuit in Fresno

The injured parties in a Fresno wrongful death lawsuit may seek compensation for the loss of love, companionship, and moral support of the decedent, as well as the financial support and household services which the claimant would have received but for the negligent, accidental, or homicidal death of the victim.

These damages are different than the type of damages usually recoverable in a personal injury claim.  Claims for the medical expenses, lost income, and property damage of the deceased belong to the estate, which may bring a “survival action” on behalf of the estate.  Damages recovered in a survival action pass to the estate of the deceased.

If you have any questions about Fresno wrongful death law, or if you have lost a loved one due to what you believe is negligent behavior, contact The Law Office of Rick Berman & Eric Schweitzer.  Let us put our years of effective representation to work for you.

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