Find attorneys and lawyers in California who
specialize in wrongful death cases
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A wrongful death lawsuit alleges that the
decedent was killed as a result of the negligence (or other
liability) on the part of the defendant's), and that the surviving
dependents or beneficiaries are entitled to monetary damages as a
result of the defendant's conduct.
Under "common law" (the general legal principles passed from England
to the United States over hundreds of years) this type of claim did
not exist. It was reasoned that the claim died with the victim, and
the surviving family members could not claim damages from the person
who caused the victim's death. To correct this injustice, the
individual states have passed "wrongful death statutes" over the
years, and some form of wrongful death claim action exists in all
state jurisdictions today. While they all follow some general
principles, each state jurisdiction is unique, since each state has
drafted its own form of "wrongful death statute."
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