Eligibility in Wrongful Death Cases in California
The right to file a wrongful death civil lawsuit in the State of California may arise when the death of a loved one is caused by the intentional or accidental actions of another. The state has placed strict limitations when it comes to who can file a claim and the damages that could be available. If you have recently lost a loved one and believe you may have grounds to file a case, speak to a well-versed wrongful death attorney who can help you. With extensive legal experience in the field of wrongful death claims, the attorneys at Milligan, Beswick, Levine & Knox, LLP are here to help you.
Milligan, Beswick, Levine & Knox, LLP is a well-respected law firm, committed to serving those who have suffered damages at the hands of negligent or reckless parties. When losing a loved one because of another’s actions, the aftermath can be emotionally crippling. Wrongful death cases are complicated, allowing the support of a knowledgeable team of attorneys to handle your case can help you focus on what is most important – grieving and healing. Consider contacting the compassionate team of attorneys at Milligan, Beswick, Levine & Knox, LLP. Call (909) 894-0812 or complete the contact form here.
What Constitutes Wrongful Death?
As in most states, in California, a wrongful death case arises when someone dies as a result of the legal fault of another person or entity, which includes: Medical malpractice, Negligence-based incidents, such as car accidents, and Intentional actions, such as violent crimes.
Similar to personal injury claims, a defendant’s liability in wrongful death cases will be expressed only in terms of damages, or financial compensation. Upon a successful case, the court will order the accused party to pay the victim’s survivors. When compared to homicide cases, a conviction will result in the defendant’s imprisonment and/or other penalties.
Who is Eligible to File a Claim?
Based on California’s current wrongful death statute, only the following people can bring a case forward following the death of a loved one: The victim’s surviving domestic partner or spouse, The victim’s surviving children or grandchildren, The victim’s surviving parents, or Anyone entitled to the victim’s property by intestate succession.
According to current law, other parties that can show that they were financially dependent on the victim may also have legal grounds to bring a case forward.
What Damages Are Available in a Wrongful Death Claim?
In order to understand the full extent of the damages that could be available in a wrongful death case, it is important to conduct a thorough analysis of the case. Depending on the facts of the case, economic and non-economic damages may be awarded, which include, but are not limited to: The loss of benefits or gifts the decedent would have provided, The financial support the decedent would have provided, The dollar value of the decedent’s household services, The cost of the funeral and burial services, The loss of the victim’s love, care, and moral support, and The loss of the victim’s guidance.
Consult Your Case With a Knowledgeable Attorney Today
Wrongful death cases can be very challenging to pursue. Nonetheless, these cases are important when the tragic death occurred as a result of another’s negligent or reckless actions. After losing a loved one caused by another’s actions, take immediate action and obtain the support of a knowledgeable attorney.
The proficient litigators at Milligan, Beswick, Levine & Knox, LLP have many years of experience handling wrongful death cases throughout Southern California. The firm understands how difficult these cases are for grieving families, and they are equipped to help families get justice for their loved one’s death. To schedule a free consultation with the firm, consider contacting the firm by calling (909) 894-0812 or complete the contact form here.
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.