When you lose a loved one tragically due to someone else’s negligence, you will undoubtedly want to get justice. Moreover, if you were wholly dependent on the deceased, there’s other aspects to worry about as well. In your quest for fair compensation, you might wonder if you have the right to recover damages. The answer ultimately hinges on your relationship with the departed.
Compensation for wrongful death in California goes to the surviving loved ones. Nonetheless, the law does not entitle compensation to every surviving family member; you must have a close affiliation with the deceased. This means a spouse, child, or grandchild of the departed. You must also prove that you depended on them in one way or another. With the proper legal representation, you can get the compensation and justice you deserve. A wrongful death attorney from Setareh Law can help you every step of the way.
Eligibility for Compensation in a Wrongful Death Claim
When trying to recover damages in a wrongful death claim, you must first establish that you are eligible for compensation. Consulting an attorney familiar with California law is a good starting point. A well-established law firm has the resources to examine the evidence and build a strong case.
California law prioritizes compensation of a wrongful death claim to several categories of surviving family members. The first beneficiary is usually the spouse or domestic partner. This also extends to the children of the decedent. If their children also passed away but left behind children, the grandchildren may be eligible for compensation.
If the deceased has no immediate surviving family members, any other person who qualifies to inherit their property or a personal representative of the deceased’s estate can file a wrongful death claim.
Factors Affecting Eligibility in Wrongful Death Claim
Several factors affect the eligibility of potential beneficiaries in a wrongful death lawsuit. For example, a surviving spouse is automatically eligible, but the court is often keen to examine the level of dependency. Unfortunately, this may affect the amount an individual can receive in damages. It is one of the reasons that it’s imperative to hire a renowned law firm with experienced attorneys to fight for your rights.
Regarding children, the age of the deceased is another crucial factor. Minors who lose a parent they depend on financially and emotionally are entitled to compensation. For adults, the case is different. Beneficiaries over 18 years of age are more independent emotionally and economically. Even so, they could still be eligible to recover the damages. The only difference is that the court may award them less compared to the minors.
The proof of relationship is usually sensitive when determining whether you are eligible for compensation. The court requires documentation such as marriage certificates, birth certificates, financial records, and even testimonials. Working with a skilled attorney can help ensure that you will have all of the necessary documents and evidence ready to show your relationship to the deceased.
Get In Touch With an Expert California Wrongful Death Attorney at Setareh Law
A wrongful death lawsuit in California is often complex. Multiple liability issues may arise during proceedings, but your legal team can also gather sufficient and substantial evidence to help prove your case. This may include expert opinions, accident reports, and medical records.
We understand that dealing with losing a loved one can be overwhelming. For this reason, our attorneys at Setareh Law work hard to give you the legal and emotional support you need. Working with our competent wrongful death lawyers increases your chances of getting the best possible outcome. Complete our contact form or call (310) 659-1826, and one of our representatives can speak to you about your rights. Our team also speaks Spanish.