If Your Loved One Suffered a Wrongful Death In California, Read This
Losing a loved one because of the wrongful or neglectful actions of another person can be one of the most difficult experiences anyone can face. Grief is compounded when you believe that the death of a loved one was caused wrongfully and should not have happened. California wrongful death Lawyers & Attorneys work diligently to bring not only justice and compensation, but a measure of peace to the family members left behind.
What is “wrongful death”?
A wrongful death is a death that results from the deliberate, dangerous, reckless or negligent actions of another person. There are laws in California regarding compensation to family members, referred to as “survivors”, of a person who dies as a result of the wrongful actions of another person.
Who can bring a wrongful death action?
The laws vary widely in deciding who is eligible to bring a wrongful death action. In California, there are very specific guidelines to determine which survivors are allowed to bring a suit for wrongful death to court. The persons who may bring a wrongful death suit in California include a surviving spouse, children, parents or siblings of the deceased. However, the laws governing wrongful death suits in California can be complex. Anyone who is considering bringing a wrongful death suit should consult a California wrongful death attorney specializing in personal injury law.
How does a court determine the “value” in a wrongful death lawsuit?
While there is no way to put a cash value on someone’s life, it is the only way that the courts have to compensate survivors for the loss of a parent, child or loved one. Wrongful death cases also help to prevent further lives from being lost from the responsible parties negligence. In general, the courts will consider a number of factors in determining the amount of damages in a wrongful death suit. Those factors include the earning potential, health, potential lifespan and assets of the deceased. The court may also consider how much it will cost to replace contributions that the deceased would have made to the family had he lived. Those contributions may include child care, housekeeping and assistance with the medical or personal needs of others in the household. In addition, the courts will often try to “calculate” the value of such things as parental guidance, emotional support and companionship. Consulting an attorney will give you the most accurate information pertaining to your individual situation.
The state of California imposes strict time limits on how soon survivors must file a wrongful death suit. In most cases, that suit must be filed within a year of the incident that caused the death. There may be exceptions to the strict statute of limitations, which could affect your ability to bring a wrongful death suit to court (consult a lawyer if you are in this situation immediately). If you discover that your loved one’s death was caused by the wrongful actions of another, your best course of action is to consult a California lawyer who specializes in personal injury lawsuits and wrongful death suits.
Joel McLaughlin
Are you looking for a Los Angeles Wrongful Death Attorney or Lawyer? Or possibly a San Diego Wrongful Death Attorney or Lawyer?
