Wrongful Death Under California Law

It is difficult to overstate the tragedy of losing someone. You and your family have to cope with the mental and emotional pain of your loss while dealing with the financial burden accompanying the wrongful death. Pain, emotional trauma, and grief can be overwhelming. However, you shouldn’t allow the at-fault party to escape without liability. You should consider hiring a Los Angeles wrongful death lawyer to help you acquire fair and rightful compensation.

What Does Wrongful Death Lawsuit Mean?

A wrongful death claim is a civil legal action in which the estate of the surviving family of the decedent files a claim against the party whose negligent actions resulted in the death of the victim. You should understand that wrongful death claims are not the same as criminal court proceedings.

Proving fault in a wrongful death lawsuit will ensure the family members receive a financial award. In case the wrongful death lawsuit is successful, responsible parties or parties will be ordered to pay a certain sum of money by the court to the victim’s estate or family members who brought the claim forward.

The court may award monetary damages including compensation for the following:

  • Funeral costs
  • Medical expenses
  • Lost income and future earnings
  • Emotional distress

What is Involved in a Wrongful Death?

A wrongful death may occur because of the negligence of someone. In some cases, the deceased may suffer a fatal injury, such as after a car crash. However, you should know that every accident doesn’t automatically result in wrongful death.

The at-fault party should have failed to take reasonable care for preventing the injury. This also constitutes negligence. Wrongful death occurs when another person’s negligence is directly responsible for the death.

Under California law, certain surviving family members can sue reckless or negligent persons, entities, and businesses responsible for the death of the decedent. Surviving family members should get in touch with a Los Angeles wrongful death lawyer.

Types of Compensation Available: Generally, financial injury or pecuniary damages are awarded in wrongful death claims. Loss of services and loss of financial support brought about by the demise of the loved one is a primary concern of the court. Legal and medical expenses, funeral costs, and interest accrued on these amounts from the date your loved one died to qualify as pecuniary damages.

You should speak with a Los Angeles wrongful death lawyer to understand more about the types of compensation you can file for. Experienced attorneys can best determine the pecuniary loss because they are familiar with the law. There are several factors that need to be taken into account, such as the life expectancy and age of the decedent, their past and future earning potential, and the current situation of your family.

In certain cases, punitive damages may be considered as well. This is when the death occurs because of another person’s malicious intent. The court may award punitive damages as a way of punishing the defendant for their malicious actions. However, you should speak with a capable Los Angeles wrongful death lawyer since punitive damages are not appropriate in every situation.

Proceed Forward with a Dedicated Wrongful Death Attorney: You may not know whether your circumstances qualify for a wrongful death lawsuit. You should consider seeking advice from a dedicated Los Angeles wrongful death lawyer to understand your legal options. The team at California Wrongful Death Lawyers understands the emotional pain you are going through right now. We are here to help you understand the best course of action and calculate the rightful compensation amount.

Schedule a free consultation with a knowledgeable attorney today. Get in touch with us by calling at 844-999-5342 or using our online form.