When an individual dies because of another person’s negligence, surviving loved ones may file a Wrongful Death California lawsuit to claim for damages. Losing someone close to you is difficult enough; but knowing that it was due to carelessness or neglect will make you feel robbed of precious moments and this is one type of personal injury in California. Although Wrongful Death California complaints will not bring that person back to life, it aims to help you financially – should you win the case. These lawsuits are usually complex, and better handled by legal experts, such as a California Wrongful Death Attorney.
Wrongful Death Defined
Wrongful Death California cases are civil lawsuits filed by those left behind by the deceased. It is different from criminal cases like murder or homicide, in that the claim is filed by the state on behalf of victims. Since it is categorized as a personal injury, the plaintiff will be compensated through financial means; as opposed to a criminal case where the guilty party could face incarceration (or even death). In general, Wrongful Death California claims do NOT directly lead to imprisonment.
When filing for a Wrongful Death California claim, those concerned should do it within 2 years of the date of the victim’s death. Multiple lawsuits against a single defendant are also prohibited. This means that all parties who wish to file against one defendant should join together. This is known as California’s ‘one action rule’ and it helps avoid inconsistencies, as well as the defendant having to fight against multiple cases.
What Loved Ones Can Claim
There are various damages that concerned parties can file for. Exactly what they are and how much they cost are based on the individual’s unique circumstances. Basically though, damages include personal and estate losses. Those of the estate consist of (but are not limited to):
• medical and/or hospital expenses (taken during the deceased person’s last injury or accident)
• funeral and/or burial costs
• lost and/or potential income loss of the deceased person
Personal losses may include the following:
• loss of financial support (for dependents)
• loss of love, guidance, affection, etc.
Not everyone can file for wrongful death. In the state of California, it should be:
• the victim’s official and/or assumed spouse and children
• the victim’s parents, siblings, and their children
• the victim’s grandparents
• the victim’s domestic partner
• the victim’s (financial) dependents
If the Wrongful Death California case is successful, the group of plaintiffs shall be awarded a fixed sum that they must divide amongst themselves. To prevent fights, how the compensation will be divided can be discussed with help from your Wrongful Death Lawyer California. In the event that it cannot be settled, the party concerned may go to court.
Get Compensated for Wrongful Death California
If you or someone you know lost a loved due to a Wrongful Death California, don’t hesitate to seek advice from your local Wrongful Death Lawyer California . Most legal offices offer free consultations these days, so be sure to take advantage of it. Everything may seem dark and difficult at first; but with the right guidance, things will eventually be alright.