The sudden passing of a close family member, friend, or other loved one can be difficult to cope with. The tragic loss can be even more difficult to handle if the sudden death was caused by the negligence of another. If you have lost a loved one because of the negligence of a person or company, you may have grounds to file a wrongful death lawsuit. Here, we will discuss what current California laws say about wrongful death, which will ultimately help you understand your rights.
Understanding Who Can File a Lawsuit
Every state in the nation has its own laws regarding wrongful death lawsuits and one of the most important rules to understand lies in knowing if you have legal standing to pursue a claim. Based on California’s Code of Civil Procedure §377.60, the following parties can file a claim:
- The victim’s spouse, if married at the time of the sudden passing;
- The victim’s domestic partner;
- Surviving children;
- Any party entitled to the victim’s assets, if no Will was established;
- The victim’s putative spouse, children of the putative spouse, or the victim’s stepchildren,
- A person under the age of 18 that lived with the victim for 180 days in the victim’s residence and was financially dependent on the victim for at least half of the support; or
- A representative of the victim.
Wrongful Death Lawsuit – Available Damages
When it comes to personal injury cases, every case is unique and should be treated as such. The types of damages that could be recoverable by filing a wrongful death lawsuit can vary significantly from case to case. Contingent on the facts of your case, you may be able to receive compensatory damages, such as monetary and non-monetary damages, or exemplary damages, such as punitive damages.
When filing a wrongful death claim, economic damages may include:
- The medical costs accrued by the victim from the moment of injury to the time of his or her passing;
- Funeral costs;
- Burial expenses;
- The loss of financial support;
- The loss of benefits, such as loss of inheritance; and
- Compensation for services the victim provided.
Non-monetary damages could involve the loss of support, love, affection, or companionship.
Obtain the Legal Support of a Wrongful Death Attorney You Can Trust
Grieving the sudden loss of a loved one can be difficult for anyone, especially if the death could have been prevented. If your loved one died as a result of the careless act of another person or company, filing a wrongful death lawsuit will not bring your loved one back but it will help you through the grieving process. Filing a wrongful death claim can help you and your family alleviate the stress associated with the expenses associated with the sudden demise – contact the support of a qualified attorney you can trust.
The wrongful death attorneys at SANFORD A. KASSEL, A Professional Law Corporation have helped many mourners obtain the restitution they deserve following the death of a loved one. After the sudden passing of a loved one, obtain the support of a qualified attorney you can trust.
