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Wrongful Death – Filing a lawsuit

Home > Wrongful Death – Filing a lawsuit

In the city of San Luis Obispo, a person may choose filing a lawsuit as an acceptable response to a wrongful death. When a person is killed due to someone’s negligent actions, the surviving dependent family members may seek compensation or damages in a court of law.

Every state has its own set of laws surrounding wrongful death lawsuits but, in general, any designated beneficiary may file a wrongful death claim in court. The “designated beneficiary” is a person specified by the statute.

Typically, this person is the spouse of the decedent, a dependent child, an adult child, or a representative of the estate. In most states, there is an order of who may file a lawsuit in a wrongful death case. In other words, if there is a surviving spouse, that person must be the one to file suit.

When a death occurs and it can be proven that it was the fault of another’s negligence, the family should contact an experienced wrongful death attorney. An attorney will review the details of the death, determine whether a wrongful death lawsuit or survivor action, or both, should be filed, and what types of compensation the family or estate is entitled to. The attorney will then file the appropriate paperwork with the local court to begin the lawsuit.

If a loved one has died in San Luis Obispo due to the negligence of another, it may be beneficial to contact an experienced attorney who can assist you in filing a lawsuit.

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