Can I Make a Claim for a Wrongful Death Resulting from a Criminal Act?

Can I Make a Claim for a Wrongful Death Resulting from a Criminal Act?

Criminal acts are happening on a daily basis. There are simply way too many criminals and people who want to try and obtain money “the easy way”. Unfortunately, that is not only illegal, but it is unlikely that anyone will survive long enough to spend the money. In most cases, every criminal is caught within minutes, hours or even days.

All criminal activities have a high fatality rate. If your loved one got involved in criminal activity or was killed in the process, you may be able to file a wrongful death claim against the parties responsible for taking your loved one’s life.

For more information, contact Montebello wrongful death attorneys today and ask for a free consultation where you can learn all about your eligibility to file a wrongful death claim.

Who Can File a Claim?

In the majority of cases, only the closest (surviving) family members are eligible to bring a claim. Usually, these family members include:

  • A spouse
  • Partner
  • Children
  • Parents
  • Grandparents
  • Siblings

Most of the time, the surviving spouse or children are the ones who bring the wrongful death claim. However, there are rare cases where the deceased had no children or a spouse; in that case, the deceased’s parents (if alive) have the legal right to file a wrongful death claim. In cases where both parents have passed away, the deceased’s siblings (or other cousins) may be eligible to file a claim.

The best and the only way to be sure is to speak with a knowledgeable attorney. If you have no one in mind, be sure to check in with wrongful death attorneys in Montebello today.

Wrongful Death Elements

There are many different elements involved when pursuing a wrongful death claim against a party responsible for taking your loved one’s life. Some of the most essential elements include:

  • Proving liability
  • Establishing the survivor’s right to make a claim
  • Determining the damages (to which you may be entitled)
  • Filing a claim

Each of these elements affects the success of the claim; if you are unable to prove liability, you will not be able to file a claim. Also, if more than one person wishes to bring the claim, the court will usually appoint one person based on their connection to the deceased.

Proving liability is achieved through a thorough investigation and recreation of the events. You will require help from a resourceful and seasoned attorney, one that can hire professionals who can help you investigate the accident and find enough crucial evidence for the case to be successful.

If your claim is successful, you may look to receive the compensation for:

  • The deceased’s medical bills
  • Lost of benefits
  • Loss of the deceased’s earnings and earning potential
  • Loss of consortium
  • Loss of companionship
  • Loss of parenthood
  • Loss of enjoyment of life
  • Funeral and burial expenses
  • Lost benefits

If someone committed a criminal act, which resulted in your loved one’s death, you and your family could file a wrongful death claim against the person whose negligent or criminal actions caused the death of your loved one.

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