Who Can Make a Wrongful Death Claim in California?

July 11, 2022

When a loved one passes, it can be one of the most painful experiences in life. If you feel certain that your loved one died because of someone else’s wrongdoing or negligence, this can make the experience even more difficult. It is important to understand how wrongful death laws work in your state to get the justice your loved one deserves. Let’s look at some general information concerning wrongful death to help you better understand your family’s situation.

Who Can Make a Wrongful Death Claim In CA?

According to California state law, a wrongful death claim can be filed by surviving family members or the estate of the deceased person. Those filing the claim must be able to legally prove their relationship with the deceased or their authority over the estate.

What Is Considered a Wrongful Death?

Wrongful death is a death that resulted from another person’s wrongful act. If the act was negligent, an attorney can help you prove this. If the act was reckless or intentional you will want legal assistance in order to prove this to the court. If the act was intentional you may need the help of a lawyer to establish wrongful death.

What Damages Can Be Recovered?

If you file a wrongful death lawsuit, you may be able to file for the following types of damages:

  • Funeral costs
  • Lost income
  • Pain and suffering
  • Compensation for the loss of companionship

Why Should I Sue for a Wrongful Death?

Many people feel intimidated concerning lawsuits and legal proceedings. Because of this, some people will avoid filing a lawsuit even if they have justifiable grounds to do so. If you are the surviving family member of someone who died due to a wrongful act, your entire life has been affected by this person’s actions.

It is important that the person or organization responsible is held accountable. In most cases, family members will also undergo financial stress or hardship following the death of a loved one. This could include medical expenses, funeral expenses, lost income the loved one earned, and other expenses. A wrongful death lawsuit settlement could help you pay for or recover some of these expenses.

Should I Call a Lawyer?

Wrongful deaths are a complicated type of case that will most likely need the legal knowledge of a professional on your side. A wrongful death lawyer will be able to sift through the information concerning your loved one’s death and help you determine if you have a case or not.

A lawyer will also be able to advise you on the best way to proceed with your case to make sure you get the maximum settlement.

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