Being faced with a wrongful death of a family member is something that can be devastating for everyone that is involved. Wrongful death is when a death happens that is caused by some type of wrongful actions, or failing to act. When one of your family members has been lost because of another persons negligent actions, the pain and suffering for the people who must face with situation could feel unbearable at times says wrongful death lawyer Los Angeles.

According to Los Angeles personal injury lawyer, with wrongful death claims each state has its own statute covering the viability of claims, and not every state follows the same guidelines, principles, or rules. Some states have "true" wrongful death acts in which the next of kin are entitled to bring a cause of action in their names as a result of damages sustained following the decedent's death.

Other states have acts that are more properly called "survival acts." These acts preserve the rights which vested in the decedent at the moment of his death and expand those rights to include the right of the survivors to bring a claim based upon the decedent's rights, as well as including damages resulting from the actual death itself. Finally, some states recognize both types of lawsuits, but generally have a provision that limits the right of the survivors in order to prevent a double recovery under the two different theories for the same injury says wrongful death lawyer Los Angeles.

The states also vary in who is authorized to be a plaintiff in wrongful death/survivor actions. Generally, the primary beneficiaries of the individual--the spouse and children--are able to bring a claim. In some states, parents of the deceased can be designated as beneficiaries and thus become plaintiffs in the suit. In most states, if the deceased did not leave any spouse, children or parents, then there is no one who may bring a wrongful death claim. However, in some states, other relatives can become plaintiffs if they were, in fact, dependent upon the deceased for economic support. In still other states, the recovery is simply doled out to the deceased's heirs at law or is distributed to the beneficiaries of the estate as it would be in any normal probate proceeding.

According to Long Beach wrongful death lawyer Long Beach In most jurisdictions, a plaintiff in a wrongful death cause of action can allege any tort theory including an intentional tort, reckless or negligent behavior or strict liability. Often, it is not necessary that the defendant's conduct be the sole cause of the death. Even where the defendant's negligence contributes in part, or in tandem with other circumstances to the decedent's death, the plaintiff may still recover.

A defendant is entitled, in general, to raise any defenses in a wrongful death action that he could have raised in an action brought directly by the decedent, had they not died. Therefore, if the decedent was contributorily negligent in causing his own death, the defendant may assert that defense in the wrongful death action. Also, in most states, if the decedent had already recovered damages for his death, such as in a case where the death was not immediate and the decedent was able to bring his own successful cause of action, the survivors may not then successfully bring a wrongful death action and recover, in essence again, for the same injury. There are limitations to this prohibition and in some situations the survivors may still be entitled to commence and maintain a wrongful death claim.