If your loved one has recently died due to the negligent, reckless, or malicious act of another, you may be able to file a wrongful death claim. Wrongful death claims are expressed in terms of financial compensation that is paid to the survivors of the deceased. If the death of your loved one was caused by an intentional or unintentional act of another person or entity as a result of negligence or a willful act, you may be able to recover financial compensation for your economic losses.
If you are filing a wrongful death claim, it can be overwhelming to know where to start. Partnering with a skilled wrongful death lawyer at Setareh Law can help you figure out what to do next. We will fight hard to make sure your rights are protected and you get the compensation you deserve.
Who Can File A Wrongful Death Claim In California?
In California, you may file a wrongful death claim if you are legally entitled as named under California laws. California’s succession laws include the following:
- Surviving spouse or domestic partner
- Surviving children
- Surviving grandchildren if there are no surviving children
- Others who are dependent on the financial support of the deceased
If a will or estate plan names you as a beneficiary, you may also be able to file a wrongful death claim. A wrongful death claim may be confusing or complex, depending on the unique circumstances of the death or the family dynamic.
What Are the Most Common Wrongful Death Cases?
There are many causes that may constitute a wrongful death claim, and they range from accidental to intentional. However, the one thing all liable parties have in common is that they owed a duty of care to the deceased and that duty of care was breached, which then resulted in someone’s death. Some common circumstances of wrongful deaths that you should know before filing a claim are:
Motor Vehicle Accidents
California leads the country in motor vehicle accidents. Trucking accidents caused by inexperience or recklessness, driving under the influence of drugs or alcohol, speeding, or distracted driving can all result in the wrongful death of another.
Medical malpractice or medical errors can also sometimes be determined to hold responsibility in a wrongful death claim. If your loved one was misdiagnosed or improperly treated and it resulted in their death, it could be grounds for a wrongful death claim in which medical professionals, hospitals, or even medical equipment manufacturers may be liable.
Slips and Falls
Most slips and falls may not result in fatalities, but the elderly sometimes pass from injuries that resulted from a fall. Nursing homes and elder care facilities may also be liable. Construction sites can also cause unsafe conditions where a fall may result in a fatality. If the company or the supervisor neglected to exercise care and safety precautions, the death may be considered wrongful.
The intentional act of taking the life of another person known as homicide or murder is considered wrongful death. Though the accused may be tried in a criminal trial, financial compensation for the surviving loved one is done through a civil proceeding.
What Types of Compensation Are Available In a Wrongful Death Claim?
Generally, there are two types of compensation that you can claim in a wrongful death. Economic damages are those that are easily quantifiable, as they often have a bill or receipt attached. This most often is for medical expenses, personal property expenses that were lost, and lost wages from the time of the incident to the projected time that the deceased would have been able to work.
Wrongful death claims also include non-economic damages. These are damages that are not easily quantified with invoices or other documentation. Some examples of non-economic damages are:
- Pain and suffering of the deceased due to the incident
- Loss of consortium
- Anguish, depression, and anxiety of the survivor
- Distress from witnessing the incident
- Loss of guidance or training for a parent to a child
Both economic and non-economic damages should be compensated when a wrongful death occurs. Finding a compassionate and knowledgeable wrongful death attorney is essential to getting the best results for your claim.
The Wrongful Death Attorneys at Setareh Law Can Help
Our dedicated team of attorneys at Setareh Law can help with your claim. We know the grief and anguish you are going through, which is why we will work hard to gather information such as accident and police reports, witness statements, and cell phone and surveillance videos and photos so that we get the optimal results for your case. We will be by your side every step of the way during your claim to help fight for your rights and compensation. Our team also speaks Spanish.