Who Can Bring a Wrongful Death Lawsuit in California
In the State of California, laws surrounding wrongful death allow the victim’s family members or the victim’s estate to file a lawsuit for damages when the victim died because of another’s wrongful actions – whether this was reckless, negligent, or intentional. In the United States, nearly 200,000 people die each year as a result of wrongful death accidents. If you have recently lost a loved one due to someone else’s wrongful actions, a proficient attorney can help you determine whether you have legal standing to file a wrongful death lawsuit. With many years of dedicated experience, the attorneys at Milligan, Beswick, Levine & Knox, LLP can help.
Milligan, Beswick, Levine & Knox, LLP has successfully represented many clients after they tragically lost a loved one due to another’s reckless and careless actions. The law firm has secured millions in monetary compensation for its clients, including burial expenses, funeral costs, the loss of household services, and more. After losing a loved one, consider contacting the attorneys at Milligan, Beswick, Levine & Knox, LLP to learn more about how the law firm can represent your and your family’s legal rights. Schedule a no-obligation consultation by contacting the firm today.
Parties with Legal Standing in Wrongful Death Cases
The State of California outlines what parties can bring a wrongful death claim forward under the Code of Civil Procedure §377.60. Based on the law, the following parties can file a case following a person’s death: The surviving spouse, The surviving domestic partner, Any of the surviving children, When children are not present, grandchildren, When others are not present, any person who was financially dependent on the deceased, including stepchildren, and Others that would be legally entitled to the victim’s assets under the state’s rules on intestate succession.
What Constitutes Wrongful Death?
In the State of California, survivors can file a wrongful death claim following the following causes of death: Auto accidents, Slip and fall incidents, Swimming pool deaths, Elder abuse or neglect, Murder or manslaughter, Medical malpractice, Child abuse, and Other wrongful acts.
Damages Typically Recovered in Wrongful Death Cases
The damages obtained from a wrongful death case are intended to compensate the survivors for the value of the support that would have been reasonably expected from the deceased had he or she survived. Compensatory damages can include economic as well as non-economic losses, such as the following: Funeral and burial costs, The loss of financial support, The loss of moral support, The loss of guidance, and The loss of companionship.
It should be noted that survivors cannot recover punitive damages in a wrongful death lawsuit filed in the State of California. Survivors, however, are still able to recover compensation in cases where the wrongdoer was acquitted for the case in a criminal court.
A Compassionate Attorney Can Advocate On Your Behalf
Wrongful death cases are very difficult to navigate. With the support of a skilled attorney, it is possible to recover monetary damages when the victim’s death was caused as a result of another’s negligence. If you have recently lost a loved one, take swift action and seek the support of an experienced and compassionate wrongful death attorney.
Milligan, Beswick, Levine & Knox, LLP is a law firm with many years of dedicated experience representing clients in wrongful death claims. The attorneys at Milligan, Beswick, Levine & Knox, LLP invite you to contact their law firm to learn more about how you can recuperate the compensation you deserve. Consider completing the online contact form here to schedule a no-obligation consultation today.
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.