What is Wrongful Death and How Can You Pursue a Claim?
When a person causes the death of another, whether by intentional actions or through an accident, the victim’s surviving loved ones can pursue a wrongful death claim. In California, wrongful death claims attempt to alleviate the financial losses caused by the death of a loved one. If you have recently lost a family member, discuss your case with a knowledgeable attorney who can ensure the at-fault party is held financially responsible for the accident. In this article, we will explore how a wrongful death claim can help alleviate the financial stressors associated with the sudden loss of a loved one.
The compassionate attorneys at Milligan, Beswick, Levine & Knox, LLP are qualified in wrongful death cases. The firm has successfully championed on behalf of hundreds of grieving families who have lost loved ones in tragic accidents caused by another’s negligence. To schedule a complimentary consultation with the firm, consider dialing (909) 894-0812 today.
Who is Eligible to File a Wrongful Death Claim?
Based on California wrongful death laws, only certain individuals have the right to pursue a wrongful death claim. Individuals allowed to file a claim can find a similar situation to those who would inherit property and assets of the deceased when a written will has not been established. Only those who are considered the closest relatives can seek compensation after a wrongful death accident.
The first individual who will be entitled to file a claim is the victim’s spouse or domestic partner. If the spouse or partner cannot file a claim, the victim’s child can bring a case forward. Following these parties are the deceased’s parents, stepchildren, or other dependents. When none of these parties are available, the deceased’s next of kin can file a case or a personal representative of his or her estate.
What Damages are Available in Wrongful Death Cases?
Wrongful death claims seek to compensate surviving family members of the person who lost his or her life as a result of another’s negligent actions. Wrongful death law in the state was constructed with the understanding that accidents causing death lead to extensive suffering to surviving family members. The suffering experienced by grieving family members can take an economic and non-economic form. Damages that can be awarded include: Funeral expenses, Burial costs, Loss of inheritance, Loss of future earnings, Loss of relationship, and Loss of household services.
Depending on the case, damages for emotional distress may not be awarded. In some cases, damages for emotional distress will be awarded only if the person bringing the case forward was present at the time of the accident or witnessed the victim’s death.
Obtain the Legal Support of a Compassionate Attorney
When a person dies in an accident caused by another’s negligence, it is important to know that financial compensation can be pursued through a wrongful death claim. As a result of the legal complexity of these cases and the emotional strain these cases can cause, surviving family members must consider obtaining the support of an experienced attorney right away.
The wrongful death attorneys at Milligan, Beswick, Levine & Knox, LLP understand the nature of these cases and they have successfully helped many clients through the challenging circumstances presented by these unfortunate losses. The attorneys at Milligan, Beswick, Levine & Knox, LLP have achieved exceptional results in wrongful death cases. To obtain a complimentary consultation, consider calling the attorneys at Milligan, Beswick, Levine & Knox, LLP at (909) 894-0812 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.