Every state in the nation will have its own laws concerning wrongful death claims. This will include who qualifies to file a claim and what forms of compensation is available. This article will serve to provide insight on the most important elements to consider when filing a wrongful death lawsuit in the State of California. For more information with respect to a specific case, seek the legal expertise of a knowledgeable attorney who has experience in handling wrongful death claims in California.
Wrongful Death Claims: A Brief Overview
Wrongful death claims in California are possible when a person perishes as a result of the wrongful act or negligent act of another. Wrongful death lawsuits are then brought forth by the surviving loved ones of the victims. This civil suit allows the victim’s loved ones seek financial compensation for the untimely death of the victim.
Wrongful death lawsuits are different than criminal cases for homicide. Criminal cases are presented by the state and usually entail some form of penalization for the defendant. Wrongful death lawsuits in California can be presented even if there is an ongoing criminal case for the same situation.
Applicable Claimants in California
There are only certain parties who will have a legal standing to file a case in California. Although California’s statutes surrounding wrongful death lawsuits are subject to reform, the following is a list of commonly known eligible claimants:
Surviving domestic partner or spouse,
Surviving children
Any individual who is next in line of descent, or
Individuals who can demonstrate they were dependents of the victim
Available Damages for a Wrongful Death Suit in California
Contingent on the facts of each case, specific monetary amounts involving the outcome of a wrongful death claim will vary. Damages are set to compensate for the sudden loss of the victim. Losses attributed can involve the following:
Burial expenses
Funeral expenses
Medical expenses of the victim before he or she perished
A sudden loss of income or the potential income of the victim
The loss of anticipated economic support
Loss of love and moral support
Wrongful Death Claims in California Require a Sense of Urgency
Wrongful death claims in the State of California are subject to strict time restrictions. Based on California’s statute of limitations claimants will need to file a lawsuit within two years of the victim’s passing. Those who fail to file in a timely manner will likely lose their ability to claim compensation.
If you or someone you know has lost a family member due to the carelessness of another, seek the legal expertise of a knowledgeable attorney who can help you through the process of filing a claim. An expert attorney will understand the urgency that wrongful death claims demand.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporationl, have the expertise needed to file wrongful death lawsuits in the State of California. They are dedicated to aggressively fighting for the rights of individuals who have lost a loved one as a result of negligence.
