Losing a loved one is never easy, but it can be especially devastating when their death was caused by someone else's negligence. In these cases, a wrongful death claim may be pursued to seek justice and compensation for the family's loss.
Wrongful death claims can arise from a variety of situations, such as car accidents, medical malpractice, or workplace accidents. It's important to understand that these claims are not criminal cases, but rather civil suits that seek financial compensation for the family's damages.
To prove a wrongful death claim, it must be shown that the defendant had a duty of care to the deceased, that they breached that duty, and that this breach directly caused the death. Damages that can be sought in these cases include medical expenses, funeral costs, lost income, and emotional pain and suffering.
Navigating a wrongful death claim can be complex, which is why it's important to work with experienced professionals who can help guide you through the process. Our team of wrongful death lawyers has the knowledge and expertise to help you pursue justice and achieve the compensation you deserve.
What Is A Wrongful Death Claim?
A wrongful death claim is a legal action that can be initiated when a person dies as a result of someone else's negligence or intentional harm. It is a civil lawsuit filed by the surviving family members or beneficiaries of the deceased person.
Wrongful death claims can arise from a variety of situations such as medical malpractice, car accidents, workplace accidents, and even criminal acts. According to the National Safety Council, accidental injury has become the third leading cause of death in the United States, with over 170,000 deaths each year.
The purpose of a wrongful death claim is to provide compensation to the surviving family members for the loss of their loved one. This compensation can cover medical expenses, funeral costs, lost income, and other damages. It can also help hold the responsible party accountable for their actions and prevent similar accidents from happening in the future.
Navigating a wrongful death claim can be a complex and emotional process, which is why it's important to seek the guidance of experienced professionals. Our team of wrongful death lawyers is here to help you through this difficult time and fight for the justice and compensation you deserve.
Who Is Eligible To File A Wrongful Death Claim?
When a loved one dies due to the negligence of someone else, it can be a devastating experience. Fortunately, in such cases, the surviving family members may be eligible to file a wrongful death claim. To qualify for a wrongful death claim, the death must have been caused by the defendant's negligence or intentional act. This means that the defendant must have had a duty to the deceased, breached that duty, and caused the death as a result.
In California, the surviving spouse, domestic partner, children, and sometimes other family members may be eligible to file a wrongful death claim. The damages that can be recovered in a wrongful death claim include economic and non-economic losses, such as medical expenses, funeral costs, lost income, and loss of companionship.
It's important to note that wrongful death claims have a statute of limitations, meaning that they must be filed within a certain period of time after the death. This is why it's crucial to seek the advice of a qualified wrongful death lawyer as soon as possible. Our team of professionals can help you understand your rights and guide you through the legal process to ensure that you receive the compensation you deserve.