In California, a wrongful death occurs when someone dies due to another person’s or entity’s misconduct or negligence. This legal term covers situations ranging from car accidents to medical malpractice.
If negligence caused your loved one’s death, you might have the right to file a wrongful death claim. This type of lawsuit allows family members to seek compensation for their losses, including emotional and financial impacts.
Incidents that often result in wrongful death claims
California sees a variety of incidents leading to wrongful death claims. The state has a high number of motor vehicle accidents, contributing significantly to wrongful death cases. Here are some common causes:
- Car accidents: Often due to reckless or drunk driving
- Truck accidents: Driver mistakes or negligence of trucking companies and other parties
- Dangerous premises: Poorly maintained properties causing fatal accidents
- Defective products: Faulty items leading to deadly injuries
- Medical malpractice: Errors by healthcare professionals
- Intentional acts: Criminal actions resulting in death
These incidents highlight the importance of understanding your rights and legal options. Individuals and families rightfully focus on grieving the loss of a loved one. However, knowing the causes can prepare you for taking necessary actions to receive justice for your loved one and protecting your family’s future.
Who can file a wrongful death lawsuit?
California law specifies who is eligible to file a wrongful death claim. The priority goes to the following:
- The decedent’s surviving spouse
- Domestic partner
- Children
If the victim had no spouse, partner or children, others could file a claim to inherit their property by intestate succession, including parents and siblings. Additionally, financially dependent individuals like stepchildren or legal guardians may also be eligible.
What compensation can family members receive?
To succeed in a wrongful death lawsuit, you must prove that the defendant’s actions directly caused your loved one’s death.
You can seek compensation for both economic and non-economic damages:
- Economic damages may include financial support the decedent would have provided, funeral expenses and loss of gifts or benefits.
- Non-economic damages cover the emotional and relational losses, such as companionship and moral support.
Wrongful death claims can be complex and emotionally draining, especially after the shock of losing a loved one. An experienced and compassionate attorney can guide you through the process, help you gather evidence and ensure you receive fair compensation for your losses.
More importantly, they can take care of your legal needs, allowing you to focus on your family’s well-being during a devastating and challenging time.