Share:

While any area of the law can be complicated terrain to navigate, the subject of wrongful death is an especially complex area. Because of this fact, there are numerous misconceptions about subsequent claims, and these misunderstandings can prevent deserving individuals from pursuing the necessary compensation. To help clear up some of the falsehoods surrounding this issue, below are three common wrongful death myths dispelled.

3 Wrongful Death Myths Dispelled

1. "Accidents Happen."

It's a common enough saying, and for the most part, the sentiment behind it is true. But in cases of wrongful death, "accidents happen" is not always enough justification to dismiss potential legal consequences. Insurers and other liable parties will often try to explain away the death in question as an innocent accident, and while that may be true, any death that results from someone else's negligence is by definition a wrongful death. So, yes, accidents do happen. That doesn't mean, however, that there may not be legal ramifications for those responsible.

2. The Spouse of the Deceased Is the Only One Who Can File a Claim

wrongful deathEvery state has different rules about which survivors can file a wrongful death suit. In California, the spouse, domestic partner, or surviving children all have the right to file a claim, as do certain individuals who were financially dependent on the deceased.

3. The Survivor Already Received Enough Money

This line of thinking is most common in cases where the survivors inherited a substantial amount of money from the wrongful death victim, or the victim previously took out lucrative life insurance policies that paid upon their death. But just because the survivors received a certain amount of money does not mean justice was served. If someone else was responsible for the death, that party should be held accountable, and those left behind might be able to pursue compensation for damages like the deceased's medical bills, funeral costs, and lost wages.

 

The above points shatter some of the most well-trod misconceptions about wrongful death claims. To see if you have a case, contact the attorneys at the Law Offices of Alan M. Laskin. They represent Sacramento County, California, clients in all manner of personal injury claims, including wrongful deaths, auto accidents, and premises liability cases. Call (916) 689-0700 or visit them online to schedule a free initial consultation at either their Sacramento or Elk Grove location.

tracking