There is no amount of money in the world that can ever replace the loss of a loved one who perished as a result of a wrongful death accident. The immense amount of pain after tragically losing a loved one can be debilitating. Nonetheless, when a person passes away in a tragic accident, his or her family can be left a large amount of medical bills and other expenses. This unexpected financial bind can take a tremendous toll on the entire family.
A family who has lost a loved one as a result of a wrongful death accident should not have to worry about the costs associated with the tragedy. Fortunately, the State of California allows the victim’s loved ones the opportunity to pursue a wrongful death claim against the responsible party for damages.
Who Can File a Claim for Wrongful Death?
Based on California’s Code of Civil Procedure Section 377.60, a person can have legal standing to file a wrongful death lawsuit for damages if he or she has a familial relationship with the victim. For the most part, this will include the following:
- The victim’s registered domestic partner or spouse;
- The victim’s children;
- The victim’s grandchildren, in the event that the adult children are also deceased; and
- Other dependents, such as step children, who depended on the deceased for a minimum of 50% financial support.
According to the state’s intestate succession laws, a person could also have the right to bring forth a wrongful death lawsuit if he or she has a right to the victim’s estate.
Available Damages in a Wrongful Death Claim
The damages available in a wrongful death claim can vary greatly depending on the specifics of the case. Generally, the following damages will be sought:
- Funeral expenses,
- Burial or cremation service expenses,
- Medical costs and hospital bills associated to the injury caused by the accident,
- The loss of income and loss of potential earnings the victim would have earned,
- The loss of financial assistance,
- The loss of parental guidance, love, and community; and/or
- The loss of value of household service.
Obtain Legal Counsel Following a Wrongful Death Accident
The passing of a loved one is always difficult to endure, but the emotional trauma can be far greater when the demise occurred as a result of another’s reckless actions. In the State of California, the victim’s survivors have the opportunity to pursue a wrongful death claim against the liable party for damages. The statute of limitations for filing a wrongful death claim is two years from the time of the victim’s passing.
If you or someone you know has recently lost a loved one in a tragic accident that was caused because of another’s careless actions, it is important to take immediate action and seek the legal support of a qualified attorney.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation understand how emotionally difficult a wrongful death case will be for the victim’s survivors. As a result, the firm is dedicated to streamlining the legal process for them. The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are committed to helping their clients obtain the maximum amount of compensation available. Consider contacting the law firm today.
