Current law, approved by Gov. Gavin Newsom, will significantly alter the types of damages that can be recovered in survival actions and wrongful death claims in the state of California. Changes to the law might significantly raise the number of damages payable when individuals are killed due to the negligence or wrongdoing of third parties. Survival actions are launched by the personal representative or successor...
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Highly detailed laws in each state govern legal action for wrongful death. But some fundamental ideas apply to most jurisdictions, regardless of the specifics of the wrongful death claim or the litigation process. The “Plaintiff” in a civil lawsuit, often a close relative bringing the claim on behalf of all the deceased’s heirs in a wrongful death case, is the individual who files the complaint....
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