When a death occurs, the family is walloped by the loss of a loved one. The loss not only brings with it emotional shortcomings: if the deceased took care of the home, or maintained it, a series of economic and operational problems are generated. In some cases, the person’s death occurs as a result of the negligence of another party.
In such circumstances, it is likely that family members will be able to claim compensation for wrongful death. Although the claim and settlement will never return the loved one, the awards made can undoubtedly help ease the burden.
What Is Wrongful Death?
This type of death occurs when a person’s death is caused by a careless or negligent action of a third party. In the state of California, these types of cases are regulated by a law passed in 1872. There are several situations in which the action of a third party can be considered to have a disastrous effect on another human being; however, the classification of this crime has four leading causes:
- Defective Products
- Work-Related Death
- Medical Malpractice
Who Can Sue for Wrongful Death in California?
Under the law, only the decedent’s rightful heirs have the power to seek compensation for wrongful death. Also, while only one person can bring the lawsuit, California law requires that all legal heirs enjoy the benefit resulting from the trial. These are the family members who can sue:
- The spouse
- The deceased’s children
- The parents of the deceased
- The grandparents or siblings (In some cases)
What Kind of Indemnities Can Be Received For Wrongful Death?
Dependents of the deceased could receive financial or emotional support from the dead. In that sense, the law allows that depending on the case; the injured party may claim economic, non-economic, and egregious damages:
- Economic Damages: These damages are related to the value of the monetary support, gifts or other benefits the defendants received from the deceased. Also, other unforeseen expenses resulting from the death, such as funeral expenses, may be included. There are also substantial expenses, such as the value of medical care from the time of injury to the time of death.
- Non-economic damages: This is the most personal part of a wrongful death lawsuit. The substantiation of this type of claim considers aspects such as loss of love, affection, companionship, moral support or protection offered by the deceased. Atrocious Damage: When a death occurs due to catastrophic accidents, in some cases there may be additional compensation if the defendant’s recklessness is considered especially egregious. In this way, the law punishes in a more severe and exemplary manner the parties who, through their negligence, caused the death.
Do You Have A Case of Wrongful Death in California?
If you believe that your loved one died through the carelessness or negligence of a third party, the wisest thing to do is turn to a group of specialist litigators such as Wrongful Death Attorneys Los Angeles. Experienced attorneys will help you determine if you have a case, what damages you can claim, and which is the best way to go.
If you want the assistance of the best attorneys in California, our team is ready to help you. Let our years of experience support you in getting the fair compensation you deserve. Contact us.