Tragic accidents occur daily in the United States, but preventable accidents that cause fatalities can perhaps be even unfortunate and challenging. The effects can vary for many family members of the deceased in a wrongful death case. The death of a loved one gravely impacts families mentally, emotionally, financially, and in other avenues of life.
In the short or long-term process following the victim’s passing, eligible family members may recover compensation for their well-being by filing a claim against responsible parties. With the help of a specialized wrongful death attorney, many families find resourceful legal help to file a claim or take the necessary steps for a civil lawsuit and reach a successful outcome. At Setareh Law Firm, our compassionate wrongful death lawyer is dedicated to helping surviving families seek justice after losing a loved one.
What Is Wrongful Death Under California Law?
When another’s negligence causes fatalities, the victim’s surviving family may take legal action by filing a claim. Suppose you have suffered a loss due to an unfortunate act of negligence. In that case, it’s essential to understand what a wrongful death is according to California law and who may be eligible to pursue a claim.
Wrongful death cases, according to California statute 377.60, are defined as:
“…A cause of action for the death of a person caused by the wrongful act or neglect of another…”
For many families, seeking justice and rightful compensation for the hardships and challenges following catastrophic accidents may help alleviate some financial stress. When fatal accidents occur, family members often face challenges and may not know where to turn. A skilled attorney may help in recovering evidence and navigating a successful claim.
Eligibility for Recovering Compensable Damages in a Wrongful Death Case
Understanding wrongful death claims and family member eligibility may be complex at times. However, the law outlines general eligibility for family members that want to take action and file a claim.
In California, you may be eligible to file a wrongful death claim if you are:
- The surviving spouse or domestic partner
- Surviving children of the deceased
- A grandchild of any deceased child of the victim
- Anyone entitled to property by intestate succession
Additionally, other family members can pursue wrongful death claims in different circumstances. Individuals who are proven financially dependent on the accident victim in the claim may be eligible to recover compensation with an experienced attorney’s defense.
4 Steps to Take After a Family Member Has Passed Away Due to Another’s Negligence
Facing challenges after losing a loved one, many close family members may not know where to turn to take legal action and obtain justice for wrongful death. If you have lost a family member due to another’s negligence, following these steps may help you:
Gather Important Information and Records Regarding the Wrongful Death
Preventable car accidents, medical malpractice cases, and other situations lead to unfortunate deaths every year. If you suspect or are aware of a wrongful death in which your loved one was a victim, keeping a record is the first step to taking legal action. With a resourceful legal team, you may be able to recover essential information, records, evidence, and necessary documents that lay the foundation of a wrongful death case.
Avoid Communicating With Insurance Companies and the Negligent Party’s Representatives
When facing the difficulties of a loved one’s passing, no individual wants to be bombarded with the aspects of a lawsuit, claim, or communication with the negligent party’s representatives. After losing a family member, avoid discussing the circumstances and agreeing to a settlement from the insurance company. Although it is a challenging time and may seem an easy fix, insurance companies undervalue claims. Consulting and pursuing a lawsuit with an attorney may help ensure your settlement is what your family deserves.
Seek Legal Counsel From an Experienced Wrongful Death Lawyer
After losing a loved one, many families face burial and funeral expenses to cover financially. Additionally, family members who depend on the deceased for financial and livelihood support face unique challenges in their daily lives. With the help of any attorney, evidence recovery and aggressive legal representation may help safeguard the compensation you are entitled to for your catastrophic loss.
Consider Joining a Grief Support Group to Help Your Recover From Losing a Loved One
In the months and years after a loved one has passed, individuals may face challenges in emotional, mental, financial, and other areas of life. Many people find ease in any distress by joining a support group to help them through the process. You may find additional support during a challenging time by hearing the advice and testimonials of others that managed through lawsuits and grieving the loss of their loved one.
Speak With Our Compassionate Wrongful Death Attorney at Setareh Law Firm to Navigate a Civil Lawsuit
Serious accidents are sometimes preventable when negligent acts are avoided. Despite this, many car accidents, slip and falls, malfunctioning products, medical malpractice, and other circumstances led by negligence result in the death of another person. These situations often leave surviving family members with loss and hardship.
At Setareh Law Firm, Spanish-speaking attorney Daniel Setareh brings years of experience and compassion while navigating wrongful death cases in California. If you and your family are grieving the loss of a loved one and don’t know where to start when pursuing an eligible lawsuit against negligent parties, our legal team is available to help. Complete a contact form or call (310) 659-1826 to schedule a consultation.