Why File a Wrongful Death Claim?
While no amount of compensation can ever replace your loved one, filing a wrongful death claim can serve as a powerful tool for accountability. By holding the responsible party answerable, you're playing a crucial role in preventing similar tragedies from happening to other families in the future.
Moreover, a successful claim can provide much-needed financial support during this trying time. The abrupt loss of a loved one often brings unexpected expenses like funeral and burial costs, not to mention the loss of income if your loved one was a provider. A wrongful death claim can help ease these financial burdens.
Who Can File a Wrongful Death Claim in California?
In California, the right to file a wrongful death claim is typically organized along the lines of the deceased person's closest surviving relatives. Here is the order of succession:
Surviving Spouse or Domestic Partner: The dead person's surviving spouse or registered domestic partner has the first right to file a wrongful death lawsuit.
Children: If there is no surviving spouse or domestic partner, or in addition to the surviving spouse or partner, the deceased person's children have the right to file a claim.
Grandchildren: If the deceased person's children are also dead, then the grandchildren can file a wrongful death lawsuit.
Parents: If there is no surviving spouse, domestic partner, child or grandchild, the parents of the decedent can file a claim.
Siblings: If there are no eligible relatives from the categories above, the decedent's siblings can file a wrongful death claim.
Remember, the specifics of each case can vary, and it's important to seek legal advice to understand your rights and potential eligibility.
Key Elements to Prove in a Wrongful Death Lawsuit
To successfully establish a wrongful death claim, there are crucial elements that must be proven in court. Each element is key to building a strong case and serves to substantiate the claim:
The Death of a Person: This might seem obvious, but the first requirement is to establish that a person has indeed passed away. This is typically substantiated with a death certificate or other official documentation.
Negligence or Wrongful Act: It must be demonstrated that the death was caused, either in whole or in part, by the defendant's negligent or deliberate actions. This could be a failure to act appropriately, such as a doctor missing a critical diagnosis, or a direct harmful action, like a drunk driver causing a fatal accident.
Survivorship: You need to prove that there are surviving beneficiaries or dependents — such as a spouse, children, or parents — who are suffering as a result of the person's death. The specific relationships qualifying for this can vary by state, so it's important to understand the eligibility criteria in your jurisdiction.
Monetary Damages: Finally, it needs to be established that the survivors are suffering monetary damages due to the loss of the deceased. This can include lost wages that the deceased would have earned, funeral expenses, medical bills related to the death, and the loss of other benefits or support. Demonstrating these financial impacts can be complex and often requires expert testimony to fully quantify the losses.
Remember, the process of proving these elements in a wrongful death case can be complicated and emotionally draining. It's paramount to have experienced legal counsel by your side to guide you through the process and advocate for your rights.
Damages Available
In a wrongful death claim, surviving family members may have access to a range of damages to address the different types of harm they have suffered. These can include compensation for:
funeral and burial expenses,
medical bills related to the final injury or illness,
lost income,
pain and suffering, and
loss of companionship and emotional support.
Each case is unique, and the specific damages you may be entitled to will depend on the circumstances surrounding your loved one's death.
Wrongful Death Attorneys in Southern California
Navigating the aftermath of a loved one's wrongful death is a daunting task, but you don't have to face it alone. As trusted wrongful death attorneys in Southern California, we're committed to providing compassionate and diligent support during this challenging time. We invite you to contact us today for a free consultation. Let us help you seek justice for your loved one and hold the responsible party accountable. Together, we can make a difference.
