Wrongful Death
A claim for wrongful death is different than other personal injury claims because the actual victim (the "descendant") is not bringing the claim or suit, rather it is the family members of the decedents estate.  A wrongful death claim is a claim or suit that arises from the death of an individual that was caused by the conduct of another.  As such, a claim for wrongful death or any ensuing lawsuit is brought to recover damages for the injuries that the surviving family and/or estate has suffered due to the death of the victim.  As such, the damages that may be recovered do not include damages that are personal to the decedent.

The purpose of the wrongful death claim or ensuing lawsuit is to provide relief to family members who have been injured emotionally and financially as a result of the family members death.



In California only certain persons can file a wrongful death suit on behalf of the decedent.  As such, as in all matters involving wrongful death it is essential that measures be taken properly to preserve evidence, investigate the accident and determine as soon as possible the applicable statute of limitation so as not to loose the right to recover.

At the Law Offices of Joseph C. Durante, Jr., we use our experience in handling wrongful death cases to ensure that the surviving family members entitled to compensation receive just compensation for their loss as provided under the law.