How a Wrongful Death Lawsuit Can Help Your Family Through Grieving
When an accident has taken the life of a loved one, the pain can be immeasurable. The amount of pain can be even greater when the accident was caused as a result of another’s carelessness or negligent actions. Fortunately, the State of California allows the victim’s relatives seek monetary restitution when the victim has passed away as a result of another’s negligence. While nothing can bring a loved one back, the restitution obtained through a wrongful death lawsuit can bring grieving family members some justice. Moreover, filing a wrongful death lawsuit can help families ease the financial burdens that arise from the death of the victim.
Types of Wrongful Death Cases
Nearly every type of fatal accident can lead to a wrongful death claim. In order to have a valid wrongful death claim, the accident that led to the victim’s passing must have been caused by another’s negligent actions. The following are common types of incidents that could lead to a wrongful death lawsuit:
- Automobile Accidents – When the driver of a motorcycle, car, semi-truck, or other motor vehicle has acted in a negligent manner, and this has led to the victim’s passing, it may be possible to have a viable wrongful death lawsuit.
- Workplace Incidents – Under very specific circumstances, a workplace accident can spur a wrongful death claim. A majority of these cases occur when the victim worked in the construction industry.
- Incidents Caused by Defective Products – Defective products, such as exploding devices or malfunctioning automobile parts, can lead to serious life-threatening injuries. When a person dies as a result of a defective product, the victim’s family can file a wrongful death claim against the product manufacturer, designer, or seller.
- Premises Liability – Property owners who fail to maintain a reasonable sense of safety on their premises can be held accountable when a person has been injured or killed because of the hazards on the property.
Types of Compensation Available
Like most personal injury cases, a wrongful death claim can award economic as well as non-economic damages. The following are commonly awarded damages in wrongful death claims:
- The loss of income of the victim or his or her earning potential,
- Funeral, cremation, or burial expenses,
- Medical costs incurred prior to the victim’s passing,
- The victim’s pain and suffering prior to passing,
- The pain and suffering of the victim’s survivors, and
- Loss of companionship
Seek the Support of a Proficient Wrongful Death Attorney
When a person has lost his or her life because of another’s negligence, there is no recourse that can help the victim’s survivors heal. Filing a wrongful death claim, however, can help the victim’s family cover the expenses associated with the sudden passing. If you have lost a loved one because of another’s careless actions, consider speaking to a knowledgeable attorney to determine if you have a valid case.
The personal injury attorneys at Milligan, Beswick, Levine & Knox, LLP have extensive experience in the field of wrongful death cases. The firm is committed to representing the rights of victims who have suffered as a result of negligence. If you have lost a loved one because of negligence, filing a wrongful death claim can help you cover expenses associated with death. Consider contacting the law firm for more information.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.